Criminal legislation constitutes one of the fundamental sovereign functions of the state and is intrinsically linked to the nature of the political system and its criminal policy. The legitimacy and effectiveness of criminal laws largely depend on the normative foundations upon which the governing authority is established. Different political and legal systems adopt distinct legislative approaches, and the degree of public compliance with criminal law is closely related to the perceived legitimacy and acceptance of the legislative process.

This article examines the authority and competence to legislate within the framework of Islamic political jurisprudence by analyzing the Qur'anic foundations of legislation. It argues that, in Islamic political thought, governance rests upon two complementary pillars: divine legitimacy (mashru'iyyah) and popular acceptance (maqbuliyyah). Accordingly, the legitimacy of criminal legislation is grounded in both divine authority and the consent and acceptance of the people. An analysis of the legislative framework and criminal laws of the Islamic Republic of Iran demonstrates that the Iranian legislator has sought to incorporate both dimensions into the criminal justice system. Consequently, these principles are reflected not only in the process of criminalization but also in the administration of criminal justice and judicial proceedings.