پژوهش‌نامه حقوق اسلامی (Nov 2016)

The Effects of the Acceptance of Kholov Denial Rule on Iran’s Legislation System

  • mohsen esmaeili,
  • Sayed Mohamad Hosein Mirlohi

DOI
https://doi.org/10.30497/law.2016.1958
Journal volume & issue
Vol. 17, no. 2
pp. 75 – 97

Abstract

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One of the important jurisprudence rules - briefly assembly against- is the principle of events Kholov Denial from Creeds. In spite of its seriousness, it has not been dealt with in any independent treatise. It briefly says that there is no event in the world without Divine creed. The reasons and foundations of this principle should be discussed in another chance; but the exegesis that is presented here indicates a serious revolution in the governmental jurisprudence. In terms of the Islamic Republic of Iran’s constitution, the governmental structure of Iran has formed based on the Quran’s creeds and traditions; this governmental structure intends to make this foundation from toe to head Islamic. In this article, we are trying to clarify that if this rule is of Islamic jurisprudence principles, what effects it will have on Iran’s legislation system both theoretically and practically? For this reason, we first analyze the present legislation structure of the Islamic Republic of Iran according to the preservation of divine creeds. After the clarification of this rule’s effects in the field of variables and coefficients, the implementation effect of the acceptance of this rule is put forward that is relevant with our present constitution.

Keywords