Noorbakhsh Riahy; Hossein Alaee; Mohammad Moghadam Fard
Abstract
A legislative system should have only one "legal logic". that's mean, based on principles, clear criteria, principles, concepts and related sources, the method of reasoning as well as goals and ideals can be achieved. However, based on the understanding of this article about the origin and nature of ...
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A legislative system should have only one "legal logic". that's mean, based on principles, clear criteria, principles, concepts and related sources, the method of reasoning as well as goals and ideals can be achieved. However, based on the understanding of this article about the origin and nature of the republic and the Islam of the system, the legislative system of the Islamic Republic is based on the legal logic of "Islamic government" on the one hand and the legal logic of "republican government" on the other. For this reason, both the supreme sovereign institutions are involved in hesitation and duplicity in the performance of duties and powers, and the study of the concept of civil rights from the perspective of fixed divine laws (Islamic government) and changing human rights laws (republican government) will always be subject to instability and challenges. Was. Hence, many believe that these two systems of thought can never be connected with the two infrastructures. The present article, in a descriptive-analytical manner, assumes that in order to reduce this challenge as much as possible, the Islamic Republic is obliged to establish an institution of Islamic Sharia (an institution neglected in the Iranian legal system).
