The Challenge between Sharia and Law, an Analysis of the Nature of the Structure of the Islamic Republic

Since the constitutional era, the need to form a political system based on the rule of law has always been a concern. With the establishment of the Islamic Republic, the idea of Sharia law was realized, but the existing difficulties in this field, which were due to the hidden dichotomies between these two elements, became apparent. Because the acceptance of the republic and the validity of the majority vote was accompanied by the establishment of the legislative body and the council by the people and the formulation of the rules of the matter. Therefore, in this study, by examining the relationship between Sharia and law in the theories of thinkers as theoretical foundations of research, the nature of the Islamic Republic in the face of the duality of law and Sharia with reference to the works of Imam Khomeini and the Constitution was analyzed. This is important because many of the challenges we face today are rooted in ambiguit, and incompatibility as part of the theoretical and intellectual foundations on which a system is based, In this regard, the main question is what is the nature of the Islamic Republic in dealing with the duality of Sharia and law? Our hypothesis in answer to this question is that the Islamic Republic is a system based on the rule of Sharia and centered on the absolute authority of the jurisprudent. The research method is qualitative interpretation and data collection by library method.