The Difference between a Governmental decree and Other Legal Orders

The scientific and technical development of human societies presents them with new needs and challenges every day, and these emerging phenomena require the Islamic Shri'ah to work out and offer appropriate rules and methods in dealing with them. On the other hand, many of these temporal and spatial changes are not encompassed by arguments associated with the primary and secondary rules. The only way to deal with those changes and phenomena are the rules and injunctions issued by a just ruler, who embarks on enforcing the necessary laws and regulations according to binding interests. Since the effect of governmental rules and decree on maintaining law and order and organizing the needs of society is very important, it is necessary for people to be aware of those laws. The present article deals with this important issue and explains the nature of a governmental decree, its types and the proofs of its validity as well as its difference from the primary actual ruling, secondary and apparent order, and its difference from the order revealed to the intellect through certainty about the binding interest that is devoid of any corruption. Also, this study makes an effort to explain the difference between governmental decree and common good and the purpose of Shari'ah (maqāsid al-shari'ah) emphasizing on the fact that the way to attaining the purposes of the Shari'a through the channel of Istihsan (preference), analogy and common interests is blocked.