One of the foundations of the Islamic government is the legitimacy of its laws and legal system. The governing laws in society are legitimate as long as they have no least inconsistency or contradiction with the religious prescripts (laws) and the Muslim jurists are those who deduce the religious prescripts from legal evidence and issue them in the form of jurisprudential fatwas. Therefore, a law is legal when it does not contradict with the judicial decrees(fatwas). However, the judicial decrees of the Muslim jurists as regards to a single subject-matter can be different. Now the question arises as to which of these judicial decrees can be a standard or criterion in legislation. Drawing upon the descriptive-analytic method, this article holds the view that many possibilities in the realm of the standard judicial decrees may fall into the state of confusion in such a way that scholars have put the individualistic jurisprudence the subject of their discussion while according to the thesis raised in this essay, the society-based jurisprudence should constitute the basis for the recognition of a standard judicial decree. In this connection, this article seeks to introduce the society-based jurisprudence as the main context for deducing standard judicial decree. It also makes mention of this issue that no judicial decree can be set as a criterion for legislation and that the judicial decree can be a standard one when it is derived from the society-based jurisprudence and can thus be characterized as being consistent with other judicial decrees, being able to resolve the problems and being in correspondence with the objectives of the Law (shariÝah).
rajaei,M and arasta,M J . (2021). Society-based Fiqh as a Basis for the Recognition of the Standard Fatwa (Judicial Decree) in Legislation. Islamic Government, 26(2), 23-46.
MLA
rajaei,M , and arasta,M J . "Society-based Fiqh as a Basis for the Recognition of the Standard Fatwa (Judicial Decree) in Legislation", Islamic Government, 26, 2, 2021, 23-46.
HARVARD
rajaei M, arasta M J. (2021). 'Society-based Fiqh as a Basis for the Recognition of the Standard Fatwa (Judicial Decree) in Legislation', Islamic Government, 26(2), pp. 23-46.
CHICAGO
M rajaei and M J arasta, "Society-based Fiqh as a Basis for the Recognition of the Standard Fatwa (Judicial Decree) in Legislation," Islamic Government, 26 2 (2021): 23-46,
VANCOUVER
rajaei M, arasta M J. Society-based Fiqh as a Basis for the Recognition of the Standard Fatwa (Judicial Decree) in Legislation. Islamic Government. 2021;26(2):23-46 (In Persian).
