Legislation and the capacities of Imamiyyah jurisprudence

Document Type : Research Paper

Author

Research Institute of Hawzah and University

10.22081/psq.2025.71755.2993

Abstract

The purpose of this research article is to "investigate the capacities of Imamiyyah jurisprudence in the" field of legislation. Considering the Islamic society's benefit from Sharia and Sharia rules and laws in various areas of individual and social life, Does Imami jurisprudence recognize law in the sense of "a general concept that the competent authorities (legislative power) approve for implementation and make available to the public"? and does Imamiyyah jurisprudence Considering the indisputable principle of the exclusive legislative sovereignty of God Almighty, have the capacity to prescribe legislation by the government in the public sphere of society? Or is there no territory in Islamic society that is free from Sharia law, so that the government would need to legislate? The research method is the same as the common method in analyzing jurisprudential propositions, using reliable jurisprudential sources and has a descriptive and analytical aspect. The result of this research is that there are at least two major perspectives in this field. While some jurists do not accept the right of the government to legislate in any territory, and consider the government to be merely the executor of the laws of Sharia, Another group of jurists has spoken of the authority of the ruler/government in some social, political, and even judicial matters, and has documented this with reliable religious sources. Throughout jurisprudence and discussions of judgment, jihad, peace, how to deal with prisoners of war, deciding on the spoils of war, holding office in a just and unjust government, determining the amount and type of ta'zir in punishments, deciding on Anfal and public wealth, taking charge of hasabiyyah affairs, meaning essential matters of society that God Almighty is not pleased to delay, and dozens of other examples, there is talk of the authority of the ruler/government. From the numerous cases of authority recognized in common jurisprudence for the ruler/government, it can be concluded that Imamiyyah jurisprudence has sufficient capacity to accept the right to legislate for the government, albeit within a certain territory. Although they disagree about the extent of this territory.

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