The Concept of Legislation in Jurisprudential and Legal Ideas of Sayyid Muhammad Baqir al-Sadr

One of the contemporary scholars legally and juriprudentially attentive to legislation is Sayyid Muhammad Baqir al-Sadr. The issue of this article is whether the concept of legislation in law and political science, in the narrow sense, exists in the jurisprudential works of of Sayyid Muhammad Baqir al-Sadr and if so, what is its scope and territory. For this purpose, his jurisprudential foundations on this basis, especially the distinction between Hukm Shar'i (Sharia rule) and Hukm Hukumati (governmental rule) are first discussed. Then, his legal debates in this regard including the theoretical establishment of the sovereign political institutions are considered by means of two organic and functional approach. Finally, the concept of legislation in the given sense is scrutinized likewise, and its existential possibility is assessed in his jurisprudential and legal ideas. As a result, the aforesaid concept of legislation is discovered and recognized in the set of functions of his proposed political institutions, in two mild and intense levels, in the scope of disputed Ahkam Shar’i (Sharia rules) and Ahkam Mantaqat al-Firagh (the Lacuna).