Examining the competence of the Islamic Consultative Assembly in legislating the rules of Sharia

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Kaabi nasab Aَbbas; Mohammadi karaji Reza

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2023 | Volume:12 | Issue:8 Page(s): 71-92

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Information Journal Paper

Title

Examining the competence of the Islamic Consultative Assembly in legislating the rules of Sharia

Author(s)

Kaabi nasab Aَbbas | Mohammadi karaji Reza | Issue Writer Certificate

Keywords

legislation of Sharia

discretionary jurisdiction

Majlis jurisdiction

fixed rulings

legislation

Islamic Consulatative Assembly

Abstract

Regulating the relationship between religious and statutory law, explaining the nature and limits of legislation in an Islamic state, and the different public-law capacities of the Iranian constitution are very important. Regardless of the nature of the function of the Islamic Consultative Assembly with respect to the Sharia and whether it is legislation or codification, this article examines the competence of the Islamic Consultative Assembly in considering Sharia from a jurisprudential and legal point of view. Our research seeks to answer how the discretionary and mandatory authorities of parliament to legislate these regulations logically and within the Iranian legal system can be evaluated. Based on a legal and jurisprudential analysis and with a descriptive-analytical method, this paper will argue that the establishment of fixed, clear, and definite rulings of the Sharia is not within the discretionary authority of parliament.

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