Law and Legislation in the Islamic Government: Emphasizing the Views of Mirza Naeini and Imam Khomeini

In the political thought of Islam, law is among pillars by which it is meant those obligatory regulation and orders that are enacted by legislator and given for execution. The goal behind law-making in the society is satisfaction of daily needs and ordered management of affairs. Mohaghegh Naeini and Imam Khomeini are amongst those jurists who adopt a monotheistic view toward legislation in the society. In both views, law-making and legislation is attributed to God and divine law is the major criteria for act of people. Accordingly, in both views the legislation for human society is conceivable. However, due to their particular religious look, each of these jurists has determined a particular limit and condition for legislation. According to Naeini, due to rational limit and logical division, government is either possessory or authoritative which the first kind is logically oppression and the second is permissible in divine law while preferring an evil over a more evil.  However, in the view of Imam Khomeini governments are four kinds which can be established in the time of occultation by a legitimate ruler and make laws. It is concluded that in both views, the enactment of the law is solely starts from the authority of jurist.