Journal of Legal Research

Journal of Legal Research

«قانونگذاری ناظر بر مکلف، موضع مکانی و حدود پوشش شرعی برمبنای فتوای نادرِ کارآمد»

Document Type : Original Article

Authors
1 Assistant Professor, Department of Islamic Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
2 PhD student in Public Law, Faculty of Law, Farabi College, University of Tehran, Qom, Iran.
Abstract
Legislation in the field of clothing for citizens based on Shariah standards is an issue whose serious challenges cannot be denied due to factors such as the invasion of the western culture of clothing in Islamic societies. Shia jurists have different views about "Maklufin", "Placement" and "Limits" of Islam's Shariah cover, some of them are famous and others may be rare and unusual based on the first or second ruling. Based on this, it is possible to raise the question whether it is possible to legislate in the three areas of audience, places and limits of the requirement of Shariah covering, not based on popular and common jurisprudential views, but based on a rare but efficient and more operational jurisprudential view. A committed and pious jurist founded it? Using library studies and adopting a descriptive-analytical approach, the current research has come to the conclusion that in the current assumption, i.e. the existence of efficient fatwas and appropriate to the requirements and materials of the day, in the three mentioned areas, it can be documented to He proceeded to legislate without conflicting with the constitution (such as principles 4 and 72), even though the mentioned fatwa is rare and rare, and belongs to a single jurist. In the legal system of other Islamic countries, a similar approach to solving legal problems can be seen.
Keywords