In Search of a Legislative Theory in the Works of Some Contemporary Imamiyyah (Twelver) Faqihs

Legislation has always been one of the important issues in political sciences and has recently been the focus of attention in legal theory and public law. This subject in Islamic fiqh and principles or in the Islamic legal theory is of great importance. Moreover, in practice, legislation in the Islamic government yields numerous results. The article seeks to search for the views of certain contemporary faqihs to discover and refine a fiqhi theory in the field of legislation. This can serve as a correspondent theory for the theory of legislation in modern legal theory and common law. This group of faqihs are unanimous in this subject about many principles and results, so that one can ascribe one single theory to all of them. Drawing upon a descriptive-analytic method, this article has dealt with the subject in question. Thus, first of all, it has undertaken to extract a theory on this subject from among all of their views and to study them on three levels: legislation, recognition, and planning. Then, it presents a definition about the political and legal concepts of legislation and recognize it in the jurisprudential (fiqhi) theory. The findings show that this concept differs from what they term it as legislation and it is peculiar to the level of planning.