The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Mohammadi karaji Reza

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: MAJLIS & RAHBORD Year:2021 | Volume:27 | Issue:104 Page(s): 155-180

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

388

Download:

Cites:

Information Journal Paper

Title

The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law

Author(s)

Mohammadi karaji Reza | Issue Writer Certificate

Keywords

legitimacy of the ShariaQ1

compiling the ShariaQ1

LegislationQ1

Definitive rules of IslamQ1

JurisprudenceQ1

LegislationQ1

Abstract

The principle of the rule of law and the principle of the legality of crime and punishment are considered to be among the fundamental principles of law and are of great importance in public law. The problem is, given the existence of the following holy verse, “ no rulership except by Allah alone” , and principles such as the rule of law and the legality of crime and punishment, how can the obligation of certain Muslim precepts be assessed both jurisprudentially and legally before the law is legislated? This paper explicitly states that the Sharia laws taken into account in this study are ones that jurisprudents unanimously agree on and so are not subject to the ruling of the jurist's fatwa and there is no need to compare the applicability of the rulings (unconditional judgments). In this research, we analyzed the aforementioned problem from a jurisprudential and legal perspective. The obligation to carry out these types of sentences prior to their Legislation or compilation based on the jurisprudential point of view, the constitutional principles of the Islamic Republic of Iran, the practices of the Guardian Council, some ordinary laws, and the views of the Assembly of Experts is what this paper proves.

Cites

No record.

References

No record.

Cite

APA: Copy

Mohammadi karaji, Reza. (2021). The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law. MAJLIS & RAHBORD, 27(104 ), 155-180. SID. https://sid.ir/paper/381790/en

Vancouver: Copy

Mohammadi karaji Reza. The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law. MAJLIS & RAHBORD[Internet]. 2021;27(104 ):155-180. Available from: https://sid.ir/paper/381790/en

IEEE: Copy

Reza Mohammadi karaji, “The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law,” MAJLIS & RAHBORD, vol. 27, no. 104 , pp. 155–180, 2021, [Online]. Available: https://sid.ir/paper/381790/en

Related Journal Papers