Extent of Governmental Decree Issuance: Comparative Analysis of Imam Khomeini and Shahid Sadr’s Opinions

Abstract

Governmental decree and the authority to issue it has long been the focus of attention of Shia jurists and scholars as reflected in their works. The power of Vali-e-Faqih (Guardian Jurist), as a fully qualified jurist, to issue governmental decree is directly linked to the principle of Vilayat-e Faqih or guardianship of the Islamic jurist. Therefore, given the jurists’ approach toward guardianship of the Islamic jurist, the issue of authority to issue governmental decree will be of broad and narrow interpretations. The importance of discussing such broad and narrow interpretations concerning issuance of governmental decree will be brought to light in dynamicity and accountability towards demands in Islamic society upon requirements of time and place. Whether these rules enjoy only executive status of the primary rules or maximum power of issuance, that according to Imam Khomeini’s opinion, shall be prioritized over primary rules upon expediency, or according to Shahid Sadr, the issuance of these rules is restricted to cases facing absence of Sharia law – that do not prescribe priority over primary rules; also assurance over enforcement of these rules to prevent annulment of their issuance, nature of these rules in maximum authority for issuance of governmental decree, and finally on what basis has this maximum power of issuance been prescribed, are among the key discussions in this paper

Keywords

• governmental decree
• cases without sharia law
• expediency
• time and place
• sadr
• imam khomeini