A Study of Legislative System in the Islamic Republic of Iran Based on the Political Jurisprudence with an Emphasis on the Views of Imam Khomeini

Esmaeili, Mohsen; Ghotbi, Milad

doi:10.30497/law.2014.1556

A Study of Legislative System in the Islamic Republic of Iran Based on the Political Jurisprudence with an Emphasis on the Views of Imam Khomeini

Document Type : Research Article

Authors

10.30497/law.2014.1556

Abstract

The Shia political jurisprudence has a background as long as the Shi’ite’s history, and except for the period of the Holy Prophet’s, Imam Ali’s, and Imam Mojtaba’s governance (p.b.u.t.), until the victory of Iran’s Islamic Revolution, there has been no situation to have that implemented and developed till Imam Khomeini succeeded to realize it, and therefore the political jurisprudence of the Shi’ite was put into practice. Imam Khomeini, in addition to the realization of Political Jurisprudence in some spheres, has also developed and expanded the Political Jurisprudence. The social and governmental views about the Jurisprudence, respecting the requirements of time and place in Jurisprudence, respecting the government’s interest, etc., are the instruments of the Imam in Jurisprudence. This article, together with explaining the legislative powers of the state, strives to clarify the role of expediency and governmental mandates in relation to the primary and secondary ordinances from the viewpoint of Imam Khomeini and other prevalent comments. It also clarifies the function of Iran’s parliament as the state legislature in relation to the legislative powers of Iran’s Supreme Leader (Vali-Faqih). Meanwhile, the expanded spheres of Political Jurisprudence by Imam Khomeini will also be explained.

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