Jurisprudence Principles of Legitimacy of laws with Quranic Approach

Subject Areas : Private law

Mohamamd Rasoul  Ahangaran ¹ (تهران)
Abolhassan  Haghnavaz ² (تهران)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-01-20

Keywords: laws, Quranic evidence, Shari'a legislation, Binding,

Abstract :

    Legitimacy is the believing that the governing authority of any given country is entitled to issue the command and citizens are obliged to abide by. Some Western scholars believe that the laws of social life can be legislated by observing the social behavior of the human being. But the Islamic jurists believe that no one can legislate other than Allah. The present article has classified Quranic evidence of arising by law to the legitimacy in five groups of verses. The first group of the verses interprets the rules needed that the community as "God's Hudud". The other introduces rules as "God's Orders". The third group envisages ruling to be only "God's bestowed". The fourth category of verses, prohibit legislation without having sufficient knowledge. And last category of the verses, envisages ruling to be special for "ulu-l-amr.