The Effects of Adopting the Principle of “Nafy al-Khulū” (Denial of the Absence of Ruling) in the Iranian Legislative System

Esmaeili, Mohsen; Mirlowhi, Seyyed Mohammad Hosein

doi:10.30497/law.2016.1958

The Effects of Adopting the Principle of “Nafy al-Khulū” (Denial of the Absence of Ruling) in the Iranian Legislative System

Type : Research Article

Authors

Mohsen Esmaeili

Seyyed Mohammad Hosein Mirlowhi

10.30497/law.2016.1958

Abstract

The governmental structure of the Islamic Republic of Iran, as explicitly stated in the Constitution, is founded upon divine ordinances, with the ultimate goal of fully Islamizing all branches of governance. One of the fundamental jurisprudential principles upon which jurists have reached consensus is the rule of “Nafy Khuluw al-Waqā‘i ‘an al-Ḥukm”—which, in brief, holds that no event occurs in the world without having a divine ruling. Using a library-based research method, this article critically analyzes the current legislative policies and examines the influence of this principle on the legislative system of the Islamic Republic of Iran. The findings indicate that the current legislative framework does not fully fulfill the requirements of this principle. To realize it effectively, the primary source of lawmaking within the legislative branch should consist of jurists who, in addition to mastering jurisprudential foundations, also possess expertise in subject analysis and the techniques of legal drafting.

Keywords

legislation

Kholov Denial

Legislation System

Guardian Council

Islamic Creeds

Islamic Laws