Criteria for Preferring Fatwa as the Legal Judgment in Legislation Corresponding with the Family Rules

According to the constuon, Sharia laws govern the country’s rafied rules and regulaons,and the rafied rules should not be in conflict withSharia laws.For this purpose, rules areweighed in correspondence with Fatwas (jurisprudenal decrees). In this mechanism, two terms “Sharia laws” and “conflict” have assumed importance.It seems that the ambiguity in the word “conflict” and lack of a clear theory on the nature of Sharia law has caused problem for the legislator in many cases.This necessitates a clear hierarchical modelfor legislaon and supervision over law.This modelis not related to legislave and supervisory organizaons; rather, through exact explanaon of Sharia laws, it determines the inconsistencies and conflicts between rules and Sharia, and the criteria for preferring Fatwain the legislaon process.This paper scrunizes the ambiguies in two provisionof inconsistency with Sariah laws and adjusts it withsome instances of family laws. It thenproposes a new model of the criteria for preferring Fatwa as legal judgment.Using an analycal approach, this model is presented in the area of fundamental rules and analysis of the constuon’s rafied laws.