Document Type : Science - Research (Political Science)

Authors

• Mahmod Karimi ¹
• Salman Mortazavi ²

¹ Faculty member of Imam Sadiq University

² M.A. in lawe from imam Sadiq University

Abstract

The Islamic revolution has presented many new political as well as legal issues before Muslim scholars. One of these problems is the quality of the relation between jurisprudents and the Islamic ruler in the political system of Islam. In this system, the fully qualified jurisprudent at the head of the Muslim community is the legitimate ruler of the society. However, there are other fully qualified jurisprudents in the Muslim community eligible to give fatwas. The ruler of the Muslim community as the deputy of the infallible Imam has certain authorities from him. One of these authorities is issuing governmental rulings. Occasionally there is a governmental ruling in conflict with the ruling or fatwa of other jurisprudents. Studying this problem, the present article explains the relation of governmental ruling with the rulings and fatwas of jurisprudents. It would determine in what cases the governmental ruling of the legitimate ruler can be reconciled with the rulings and fatwas of other jurisprudents so that the latter and their followers can practice not only their own rulings and fatwas but the governmental ruling. It would also discuss in what cases it is not possible to reconcile between the rulings and fatwas of jurisprudents and the governmental ruling.

Keywords

• governmental ruling
• violation of ruling
• Fatwa
• political system of Islam
• ruling of jurisprudent