Foundations of legislation in the Islamic Kalām and Their Jurisprudential (Fiqhi) and legal Implications in an Islamic Government (based on the views and opinions of certain contemporary Muslim scholars)

Legislation is taken to be one of the important issues in public rights. It is of greater importance in an Islamic government due to the role religion plays in it. Thus, it seems necessary to look at this issue from the perspectives of Islamic teachings. ShiÝi kalÁm teachings is a fundamental source in various legal and jurisprudential levels that can be used to study the issue in question. The present research work deals with the ShiÝi kalÁm foundations in relation to the issue of legislation. This research is a product of a study on the works of some contemporary Muslim jurists (faqihs) and mutakallimun (scholars in the field of the Islamic kalÁm) who have dealt with the issues concerning Islamic government. In this connection, some subjects in the Islamic kalÁm such as “God, the Almighty, as the only legislator or law-giver”, “finality of the Divine Law”, “universality of the Divine Law”, “eternity of the Divine Law”, and “comprehensibility of the Divine Law” as the foundations for legislation have been identified and explicated in detail. Finally, to establish the claim that these foundations have their impacts on the jurisprudential and legal discussions on legislation, mentions have been made to some works in this regard.