Governmental Decisions in the Realm of Jurisdiction

In order to implement ordinances of the Law, a ruler, in a Muslim society, directly or indirectly, proceeds to issue governmental decrees in terms of interests in the area of social issues, including issuing governmental decrees in the realm of jurisdiction. In facing governmental decrees, the judiciary’s reactions are rested on the way they treat thefoundation of governmental and judiciary decrees or decisions. The authority of a ‘competent Muslim jurist’ and Islamic rule are among the principal rules of Islam, so laying dawn governmental decrees and taking into account what is expedient is supported and sought by the lawgiver. In a Muslim society, a Muslim jurist (faqih) is of legislative and executive authority and this sort of authority requires that a Muslimjurist can make a decision or decisions on either side of a judiciary case even when the governmental decisions seem to be in conflict with other decrees. When governmental decisions come into conflict with judiciary decrees, governmental decisions takes precedence over judiciary decrees in practice.