Document Type : Research

Author

• Ali Reza Yazdaniyan

Assistant Professor- Department of Law, Isfahan University,

Abstract

From the beginning of the formation of Law, religion, faith and beliefs were considered as valuable and rich resources and inspiration for the purpose.  For centuries rules defined by the church were both religion and law, the same situation as Iran before constitutional revolution. Legislators have always tried to find the solution for the problems of society in religious rules and system and represent it as law, as well as judges and jurists who were faithful to Islamic jurisprudence in practice, and a lot of judgments and judicial decisions are actually representations of commandments of Islamic jurisprudence. Even in some cases legal doctrine benefits from Islamic jurisprudence to explain and describe law articles.
Nevertheless, some parts of our legal rules have kept distance from Islamic jurisprudence and are more close to western and European rules. On the one hand, some principles of constitutional law have made the domain of Islamic jurisprudence unclear. In the constitutional law of Iran, reliable Islamic sources and accredited religious injunctions are to explain and describe the defective or obscure articles, but the domain of Islamic jurisprudence for laws extracted from other legal regimes is in doubt. Thus, it is necessary to provide the framework for the domain of Islamic jurisprudence in positive rights, which we will be discussed in this article.

Keywords

• Keywords: Islamic Jurisprudence
• Positive Rights
• Explanation
• legislation

Main Subjects

• Jurisprudence and Law