Open AccessInvestigating the Juristic basis of State and Provincial Commands in the Civil Lawof Islamic Republic of Iran
Author(s) -
Ardeshir Fathalian,
Rajab Akbarzadeh,
Ahmad Hosein Falahi
Publication year - 2015
Publication title -
journal of sociological research
Language(s) - English
Resource type - Journals
ISSN - 1948-5468
DOI - 10.5296/jsr.v6i2.8086
Subject(s) - islam , guardian , legal guardian , ruler , law , islamic republic , civil code , political science , the republic , authorization , state (computer science) , supreme court , sociology , theology , philosophy , computer science , computer security , physics , algorithm , quantum mechanics , politics
Governmental commands are commands which the ruler of the society prescribes according to the predicted legal terms and the general well beings of the Muslims to protect the safety of the society and resolve the deadlocks. Guardian jurist's (Vilayat-e Faghih's) and supreme ruler's range of authorizations are complete and full so that Imam Khomeini announced that guardianship should include all issues for which the prophet of Islam and Shia Imams have a responsibility towards it. This study made an attempt to investigate the juristic principles of governmental commands in civil code of the Islamic Republic of Iran.The basis and evidence of the subject were referred to from Quran, narrations, Islamic jurists' and scholar's opinions and the intuition viewpoint. In the civil law of the Islamic Republic of Iran, there are some clauses like 56, 77, 79, 81, 171, 1029, and 1130 which are representative of the influence of governmental command by the supreme leader.