The Domain of Legislation in Islamic Governance

The existence of law as a means of creating order and justice is a fundamental necessity. Law is one of the essential pillars of governance, and it has received serious attention in the political system of Islam as well. In Islamic thought, both existential and legislative sovereignty belong exclusively to God. Considering the comprehensiveness of Islamic Sharia and the necessities of life along with temporal requirements, the right of legislation has been granted to human beings in a limited manner and under specific rules and conditions. The Islamic ruler, in order to secure the objectives of Sharia and apply Islamic rulings in specific cases, enjoys this right. From early times until today, the scope and domain of human legislation within the Islamic political system has been a subject of discussion among Muslim jurists. The key question is: What is the extent and boundary of human lawmaking? (Main Question). The author seeks, through a descriptive-analytical method and by referring to the views and theories of Muslim jurists, to examine and discuss this question. Considering the comprehensiveness of Islamic Sharia and its capacity to respond to the evolving questions of human life, Islamic law acknowledges the right of human legislation in determining the application of Sharia’s general principles, secondary rulings, governmental decrees, and the sphere of legal discretion, based on the principle of non-contradiction with Sharia rulings and texts. This right is realized by specialists and religious scholars familiar with Islamic sources, through the process of deriving specific rulings from the four primary sources of Sharia. The findings of the study indicate that, in light of the classification of Islamic rulings, the human right of legislation can be explained in four areas: identifying the applications of Sharia rules, issuing governmental decrees, exercising discretion within the domain of permissible acts, and dealing with issues pertaining to secondary titles.