The Nature of Governmental mandate

Explaining the nature and characteristics of governmental mandate and the methodological resultant of it is one of the most important and problematic topics in present times. After having a short review on the nature of governmental mandate, this paper will focus on the methodology through which a governmental mandate may be reached by the ruler and proper deductive phases as from determining subjects. Wewill through the debates approve of some propositions about the nature of governmental mandate and its methodology. Such as the fact that governmental decree is not one of sharia rules, but a variety distinguished from that and that being temporary is not an intrinsic property to a governmental mandate. Part of the process through which a governmental mandate may be reached is of deductive Fiqh and part of it is based on inferring the subject matter or instances. So there is no role for imitation in this part, and the ruler can adhere to all rational methodologies even analogy and Istihsan.