A Reflection on the Observance of the Principle of Islamic Standards in Local Governments with an Emphasis on the Decisions of the Administrative Court of Justice

Nasehi, Meisam; Faghih Habibi, Ali; sedaghati, keyvan

Volume 13, Issue 1 (Political Researches of the Islamic World Spring 2023) پژوهشهاي سياسي جهان اسلام 2023, 13(1): 171-187 | Back to browse issues page

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Nasehi M, Faghih Habibi A, sedaghati K. A Reflection on the Observance of the Principle of Islamic Standards in Local Governments with an Emphasis on the Decisions of the Administrative Court of Justice. پژوهشهاي سياسي جهان اسلام 2023; 13 (1) :171-187
URL: http://priw.ir/article-1-1712-en.html

A Reflection on the Observance of the Principle of Islamic Standards in Local Governments with an Emphasis on the Decisions of the Administrative Court of Justice

Meisam Nasehi¹

, Ali Faghih Habibi ^*²

, Keyvan Sedaghati³

1- PhD student in public law, Islamic Azad University, South Tehran branch, Tehran, Iran.
2- Associate Professor, Department of Law, Islamic Azad University, South Tehran Branch, Tehran, Iran.(responsible Author) , faghih.habibi@gmail.com
3- Assistant Professor, Department of Law, Islamic Azad University, South Tehran Branch, Tehran, Iran.

Abstract: (1311 Views)

The principle of observing Islamic standards in Iran's legal system is beyond the limiting effect that it can have on discussions related to decentralization. Since this is a special principle of the Islamic Republic of Iran, a system that according to the wishes of its founder, Imam Khomeini, must be 100% in accordance with Islamic standards, it is considered necessary and essential to pay attention to it by the national and local authorities. The present study tries to evaluate the principle of compliance with Islamic standards in the approvals of Islamic Councils based on the criteria in the Constitution of the Islamic Republic of Iran. Therefore, in the present article, with the descriptive-analytical research method, we examine the aforementioned principle in the approvals of the Islamic councils, and it leads us to the conclusion that the guarantee of the non-unlawful implementation of the approvals of the Islamic councils with the standards of the Islamic Council through the Administrative Court of Justice not only is it not a solution, but it also requires the determination of an appropriate structure of It is the legislator's side so that the decisions of the Islamic councils do not contradict the standards of Islam.

Keywords: Islamic standards, Guardian Council, General Board of the Court of Administrative Justice, Local Units.

Full-Text [PDF 380 kb] (338 Downloads)

Type of Study: Research | Subject: Special
Received: 2022/08/18 | Accepted: 2022/11/24 | Published: 2022/12/22