Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

The practice of the Guardian Council in reviewing the enactments of the Islamic Consultative Assembly (Parliament) with respect to Shari’a is as follows: all articles or provisions of bills are examined individually in light of jurisprudential principles, and any provisions found to be in conflict with Shari’a are returned to the Parliament for amendment. Accordingly, the purpose of the present study is to examine the critiques raised against the Guardian Council in the process of Shari’a supervision over laws and regulations. This study employs a descriptive-analytical method, relying on library sources. The analysis revealed that opponents of Shari’a supervision have developed their arguments on the basis of Imami theological principles in two entirely distinct and separate ways. Some critics maintain that the institution of supervision is in direct contradiction with the foundations of legitimacy and governance in Islam, arguing that popular control is incompatible with the philosophy of Imamate, particularly the doctrine of Velayat-e Faqih (Guardianship of the Jurist). The other group does not reject the principle of supervision in the structure of a religious government but rather argues that the Guardian Council’s supervision is inconsistent with religious elements. In general, it can be stated that the critique directed at the supervision of jurists (the Hayʾat-e Ṭarāz) over the enacted laws of the Parliament lies in the fact that no reliable Islamic source confirms that in customary, political, or governmental matters, five jurists must examine whether there is any contradiction with Shari’a rulings. Furthermore, neither the Constitution nor other laws foresee that authorities or individuals can request the Guardian Council to examine and issue an opinion on the conformity or non-conformity of an enacted law with the Constitution or with Shari’a principles. Likewise, such authority has not been explicitly granted to the Guardian Council itself.