الأحكام الولائية : حقيقتها-مجالها-ملاكاتها المقتضية لجعلها

Abstract EN

This research focused on unraveling the ambiguity about the reality of the state's rul-ings, the space within which the Islamic legislator moves, and the basis on which the jurist is to issue those rulings.

We explained that it is limited to what is considered the general interest of the Islamic community, and that these provisions are no more than procedural and executive provisions for the total divine legislation related to maintaining order and the general interest of the Is-lamic community, and the role of the faqih in them is to diagnose the applications of those major provisions, and to prioritize the most important over the important when there is competition between The public interest and the private interest associated with the person charged before God, and we have shown that there is no so-called government ruling that corresponds to the legal ruling, but it is merely a distinction between two legal rulings, one of which was legislated on a holistic address whose external applications differ from time to time and the other is based on a specific detailed address that will not It changes due to the change of time and place.