A comparative study of legislation in the views of ‘Sheikh Fazlollah Nouri’ and ‘Mirza Mohammad Hussein Naini’
Journal Title: فقه و اصول - Year 2016, Vol 47, Issue 103
Abstract
Legislation was one of the concepts and issues of intense debate among different political and religious currents in the Persian Constitutional Era In accordance with the definitions each of these streams of thought provided for legislation and its scope in Islam, various positions were held against the Constitutional Movement having law and legislation as part of its main principles. In this article, the views of Sheikh Fazlollah Nouri and Mirza Mohammad Hussein Naini as representatives of two important currents that were at odds with each other are discussed. And in response to the question of permissibility and non-permissibility of legislation and its territory in the views of these two scholars of the Constitutional Era, a number of issues are mentioned as the reasons for the variety of opinions. These issues include difference of opinions in the range of human legislation, being minimum or maximum (the conventional and the non-authoritative), jurisprudential differences in different understandings of religious texts (different understandings of the political system during the Ghaybah or the Occultation), differences in principles and the methodology of using evidences to infer rules, difference in perspectives towards man and religion. As a result, both views acknowledge the possibility of legislation for human society, where this legislation is based on canonical reasons and fulfilled through Ijtihad of ‘sovereign ruler’ or ‘the National Assembly’ in an identifiable territory and under certain terms and conditions (not being incompatible with Islam or being consistent with Islam).
Authors and Affiliations
Narjes Abolqasemi Dehaghani, Seyed Javad Varaee
Keywords
Related Articles
- EP ID EP190664
- DOI 10.22067/fiqh.v47i23.34612
- Views 109
- Downloads 0
Familial Immunity in Offences against Properties and Ownership
Financial and economic relationships are undeniable realities and impressive factors in familial relations, and there are reciprocal interactions between these two. The existence of this relationship has caused the famil...
Non-Stipulation of Security from Loss in Commanding Right and Forbidding Wrong
In legal works, the obligatoriness of commanding right and forbidding wrong has become restricted to stipulatory realization including “security against loss”. The jurists believe that commanding right and forbidding wro...
Examining Legal Fundamentals of Leaving the Price to an Expert's View (Contract of Sale under an Expert's View)
In many contracts, especially in contract of sale, determining the price of goods or services may be handed over to an expert or determined according to the market price, but most of our jurists have declared this type o...
Change of Fatwā and its Backgrounds in Sunnī Jurisprudence
In the Islamic schools’ opinions, change of fatwa (legal ruling) is among the important issues that has been discussed about both in contemporary and earlier periods. All schools have accepted the permissibility for the...
A comparative study of the similarities and differences between ‘assisting’ and ‘causing’ within two rules: the prohibition of ‘assistance with sins’ and ‘causation’
Assistance with sins’ and ‘causation’ are two important jurisprudential rules with crucial implications. ‘Assisting’ and ‘causing’ as derived from those rules have a lot in common. At the same time, what their difference...