The Relationship between Sharia and the Unwritten Constitution; with a Glance at the Opinions of the Guardian Council

In the Islamic legal system "sharia" as the main source of constitutional law goes beyond the written document and gives content to the norms of the constitution. The idea of ​​an Islamic constitution is neither a mere adherence to the principles of the constitution nor a formalist adherence to its writings, but in fact the same adherence to the spirit of the constitution. In addition, "Ijtihad" and “Maslahah” as two dynamic elements of sharia to deduce sharia rules; Built to suit the needs of each era. In this regard, the study of the nature of the Sharia, which can prevail and influence the principles and concepts of the Constitution as a superior spirit and unwritten norm, compared to the written text of the Constitution; It is essential. The present study examines the position of Sharia in the Islamic legal order as a Hypertext value that has subjugated the identity and foundation of a nation, and also by emphasizing the dynamic elements of the Sharia and their impact on the vitality of this superior norm, tries to clarify the relationship between sharia and the unwritten constitution.