Document Type : Article

Authors

• Mohammadreza Asghari Shoorestani ¹
• Ahmad Farshadian ²

¹ Assistant Professor, University of Judicial Sciences and Administrative Services, Tehran, Iran

² Imam Sadiq university

Abstract

This article seeks to Evaluation the relation between Shari'a discrepancy and legal discrepancy in the opinions of the Constitutional Council, and in this regard, it has studied some of the opinions of this institution. The legal system of the Islamic Republic of Iran is organized on the basis of Sharia, and on this basis, it is necessary that laws and regulations conform to Sharia standards or not contradict them. This task has been assigned to the Constitutional Council. Based on the mentioned two duties this body can be considered as a combination of two bodies, the Shari'a Review and the Constitutional Review. On the other hand, since the legislative rule of Sharia does not necessarily mean the connection between legal contradiction and Sharia contradiction, the discussion of the relationship between Sharia and law is still one of the fundamental issues of the legal system of the Islamic Republic of Iran. Now, we can ask what is the relation of Sharia discrepancy and legal discrepancy in the procedure of the Guardian Council? The present research wants to clarify its point of view in this regard by examining several comments from the Constitutional Council.

Keywords

• Legislative rule of Sharia
• Constitutional Review
• Shari'a Review
• Constitutional Council
• relationship between Sharia and law

Main Subjects

• Public Law