A Reflection on the Conflict of Jurisprudence and Law

One of the most important issues that the Sharīʿa-based legal system must have an analysis and solution for is the "relationship between jurisprudence and law". This issue has been raised in Iranian society since the beginning of the constitutional period, and it is still being raised with more complexity and ambiguity during the Islamic Republic of Iran. There are several questions around the relationship between law and jurisprudence. Questions that need to be answered from the point of view of jurisprudence using the inferential method. What makes the analysis of the relationship between jurisprudence and law difficult are the fundamental differences that exist between these two fields. The differences that caused some jurists to vote against the illegitimacy of legislation (taqnīn) during the constitutional era. The rightness of the said vote is the issue of the present study.In this article, the author has attempted to first outline the "relationship between jurisprudence and law" considering the differences between these two. Then he has proved the legitimacy of legislation by using solutions, explaining the extent of the presence of jurisprudence in the law according to the requirements and atmosphere of society. Since in the legislative position, conflicts do happen between the fatwa to be followed and the approved law, three possibilities are expressed in order to resolve the conflict cases based on the jurisprudential foundations and the method of ijtihad.