نوع مقاله : پژوهشی
1 گروه حقوق جزا و جرمشناسی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
2 کارشناس ارشد، گروه حقوق جزا و جرمشناسی، دانشکده علوم انسانی، مؤسسه آموزش عالی آل طه، تهران، ایران.
عنوان مقاله [English]
The application of jurisprudence in the legislative or judicial process, often in the legal system and notably in criminal law, faces a number of challenges, including the emergence of disagreement among jurists on some topics. In order to become legislation, jurisprudential fatwas must be methodical and consistent with other regulations. The purpose of this article is to deconstruct a few selected fatwas that have been used in legislative and judicial proceedings. For this purpose the quantifiable metrics of 1- Guardian jurists' (Vali-ye faqih) fatwas, 2- popular jurists' fatwas, 3- the final opinions of the Islamic Republic of Iran Guardian council's jurists, 4- the fatwas of the most highly educated jurists, and 5- the efficient fatwas that are most related to the interests were investigated. Finally, based on the aforementioned quantifiable metrics, a fatwa that is more efficient and has jurisprudential validity will be introduced. This article, in addition to demonstrating the founder of the Islamic Republic of Iran's jurisprudential thoughts and governance method, also illustrates the Iranian legal system's effective capacity, in order to ensure the observance of Islamic regulations and to contribute to the development of the Iranian legal system's performance.