Public Law Studies Quarterly

Evaluation the relation between Shari'a and the Constitution in the opinions of the Guardian Council based on the distinction of "Shari'a Review" and "Constitutional Review"

Document Type : Article

Authors

Mohammadreza Asghari Shoorestani 1
Ahmad Farshadian 2

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

2 Ph.D. Student in Public Law, Department of Public and International Law, Faculty of Law and Political Science, Allame Tabatabai University, Tehran, Iran

https://doi.org/10.22059/jplsq.2024.367564.3426
Abstract
This article seeks to evaluate the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in the opinions of the Constitutional Council. For this Purpose, this Study reviews some of the opinions of this Council. The legal system of the Islamic Republic of Iran is organized on the basis of Shari'a, and on this basis, it is necessary that laws and regulations conform to Shari'a standards or at a minimum not contradict them. This task has been assigned to the Constitutional Council. Based on the two mentioned duties, this institution can be considered to be a combination of two bodies: the Shari'a Review Body and the Constitutional Review Body. On the other hand, although the Shari'a has supremacy over the legislative process, it does not necessarily mean that inconsistencies in the legislation with the Costitutional automatically translate into inconsistencies in the legislation with Shari'a and as a result, the discussion of the relationship between Shari’a, and the law remains one of the fundamental issues of the legal system of the Islamic Republic of Iran. The question which now presents itself is that what is the relationship between inconsistencies in the legislation with Shari'a and inconsistencies in the legislation with the Constitution in thr practice of the Guardian council? The present research aims to clarify the Constitutional Council’s point of view in the regard by examining several comments from the council. 

Keywords

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

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Public Law Studies Quarterly
Volume 56, Issue 1 - Serial Number 45
Spring 2026
Spring 2026
Pages 177-199

  • Receive Date 04 November 2023
  • Revise Date 21 April 2024
  • Accept Date 15 September 2024

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