ভূমিকা

Shiavault - a Vault of Shia Islamic Books Islamic Political Theory (Legislation): Volume 2 Session 34: The Position of Islamic Laws and Our System’s Superiority over Other Systems Connection of the immutable laws of Islam with government structure and alterable laws As said earlier, people argue that laws and ordinances needed by our society must be enacted and ratified in the legislative assembly.

If we only rely on those mentioned in Islamic texts such as the Book and Sunnah , the needs of society can never be met. Considering that in the Islamic republican system laws are ratified by the Majlis deputies—based on the system observed in other democratic countries—why do we insist on calling our system “Islamic government” and introducing the laws ratified in the Majlis as “Islamic laws”?

There is no doubt that in every country the people’s representatives act according to the culture dominant there and respect the values of society while ratifying laws. As a matter of course, in our country whose people are Muslims and dominated by a particular culture and values, the Majlis deputies more or less observe the religious culture and values. But in any case, the process of legislation in our country is the process observed in democratic countries.

Therefore, what is the need of saying that our government is Islamic and that Islamic laws are implemented in our country? As we have said, the reply to this objection is that laws of Islam are divided into two: (1) immutable laws and (2) alterable laws that also change according to the circumstances of time and place. With changes and transformation in human societies and the emergence of diverse conditions in time and place, there is no change in the immutable laws of Islam.

Their form and substance remains immutable and fixed. They must be acted upon under all circumstances at all times. Now, if in ratifying the current laws of the country the inalterable laws of Islam are not observed and the ratified laws are against the laws and decrees of Islam, those laws are not Islamic even if they are unanimously ratified by people’s deputies. Any law that is against Islam has no legitimacy and legal standing. In fact, it cannot be regarded as a law at all.

As stipulated in Article 4 of the constitution of our country, all laws and ordinances of the Islamic country must be consistent with Islamic laws and standards. If a ratified bill is against religious principles, it shall have no legal value.