The Guardianship of Muslim Jurist and Legalism

Abiding by positive laws and making a legal analysis of them is among the basic issues of the philosophy of law. Legalism has for long been the special concern of scholars of law. In Islamic fiqh, the necessity of abiding by religious laws is among the duties which can be realized in the context of perceptions of practical mind. Nevertheless, there are no cleardiscussions about the changing and positive laws of a g0vernment and this is justified by the non-existence of a legitimate Islamic government throughout history. Referring to the different views about the guardianship of Muslim jurist, the present article discusses the effects of each of them on the necessity of obeying the laws laid by government in the sacred Islamic government. Taking into account the belief in the absolute guardianship of Muslim jurist, it can be concluded that the obedience is a religious obligation, but if another view is adopted, the necessity of obedience cannot be established in all cases. The article points to the role of allegiance in recognizing the necessity.