Customary legislation: Difference between revisions

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===The obligation of enacting laws as the prelude to obligation===
===The obligation of enacting laws as the prelude to obligation===
[[Mirza Naini|Mīrzā Nā’īnī]] considers the preservation of the [[Islamic state]] from the evil of dictatorship as one of the obligations agreed upon by the [[Shiites]] and [[Sunnis]], which will not be possible without supervisory organs<ref name="ref25">Khomeini, Vilāyat-i Faqīh, pp. 43-45</ref>. As he puts it, during the [[The Occultation|Occultation]], supervision depends upon the existence of a [[Constitution]]<ref group="note" name="note1">Nā’īnī considers the lawfulness of legislation to depend on three conditions: a) Assigning the constitution to all kinds of interests; b) basing it on the rules and requirements that arise from the contract of trust and c) ensuring non-contradiction of its chapters and articles with the rules of Sharia. (Fayarḥī, Āstāni-yi Tajaddud, p. 335)</ref> and legislative bodies such as a [[parliament]]<ref group="note" name="note2">Nā’īnī believes that limiting tyranny is not possible without the realization of the main cause of that limitation, which is establishment of the Parliament. (Fayarḥī, Āstāni-yi Tajaddud, p. 335)</ref>. Therefore, [[legislation]] is obligatory as the prelude to implementing obligations<ref name="ref26">Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, p. 59</ref>.  
[[Mirza Mohammad-Hossein Gharavi Na'ini]] considers the preservation of the [[Islamic state]] from the evil of dictatorship as one of the obligations agreed upon by the [[Shiites]] and [[Sunnis]], which will not be possible without supervisory organs<ref name="ref25">Khomeini, Vilāyat-i Faqīh, pp. 43-45</ref>. As he puts it, during the [[The Occultation|Occultation]], supervision depends upon the existence of a [[Constitution]]<ref group="note" name="note1">Nā’īnī considers the lawfulness of legislation to depend on three conditions: a) Assigning the constitution to all kinds of interests; b) basing it on the rules and requirements that arise from the contract of trust and c) ensuring non-contradiction of its chapters and articles with the rules of Sharia. (Fayarḥī, Āstāni-yi Tajaddud, p. 335)</ref> and legislative bodies such as a [[parliament]]<ref group="note" name="note2">Nā’īnī believes that limiting tyranny is not possible without the realization of the main cause of that limitation, which is establishment of the Parliament. (Fayarḥī, Āstāni-yi Tajaddud, p. 335)</ref>. Therefore, [[legislation]] is obligatory as the prelude to implementing obligations<ref name="ref26">Muntaẓirī, Dirāsāt fī Vilāyat al-Faqīh, vol. 2, p. 59</ref>.  


===The difference between innovated false beliefs and innovative matters===
===The difference between innovated false beliefs and innovative matters===