Explorations into the Bases of Legislation in terms of Shahid Sadr's Thesis of the  Discretionary Sphere of the Law in the Shi ī Jurisprudential (fiqhī) Legal System

The ‘Discretionary Sphere of the Law’ is one of the theories proposed by Shahid BÁqir Ñadr in order to explain how the Divine Law or Shari‘ah coordinates itself with the changes in time and place. In this article the writer tries to study the theory in question as a legal system or legislative system introducing it as a solution to the Islamization of legislation. One of the most important issues raised in connection with this theory is the rules and patterns of legislation in terms of the Discretionary Spheres of the law which was dealt with in the works of Shahid BÁqir Ñadr in brief and which is addressed by the writers of the present article in detail.