Dig into the non-comment of the Guardian Council's jurists in response to Sharia inquiries of the Court of Administrative Justice

Ariannezhad, Ali; Kadkhodamoradi, Kamal; Fattahi Zafarghandi, Ali

doi:10.22034/mral.2025.2042141.1653

Dig into the non-comment of the Guardian Council's jurists in response to Sharia inquiries of the Court of Administrative Justice

Document Type : Original Article

Authors

Ali Ariannezhad ¹

Kamal Kadkhodamoradi ²

Ali Fattahi Zafarghandi ³

¹ Phd Student in Public Law, Faculty of Law and Political Science. Tehran University, Tehran, Iran

² Phd student of Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University (AS), Tehran, Iran

³ Assistant Professor of Guardian Council Research Institute

10.22034/mral.2025.2042141.1653

Abstract

According to Principles 4, 170 and 173 of the Constitution and Article 87 of the Law of the Court of Administrative Justice, the Shari'a hearing process regarding regulations is defined in two stages, including the initial review by the Court of Administrative Justice and the Shari'a hearing by the jurists of the Guardian Council. The connection of these two stages is made by foreseeing the possibility of the head of the court asking the jurists of the Shura. Although according to al-Qaida, the jurists of the Guardian Council must declare the contradiction or non-contradiction of the complained provision with the Sharia in response to these inquiries, but in some cases, due to the lack of recognition of their competence, they do not make substantive comments that this last category of opinions of the jurists of the Shura can be considered; Therefore, the present study, with the descriptive-analytical method and using library studies, aims to answer the question, "In what cases are the jurists of the Guardian Council qualified not to make substantive comments in response to the inquiries of the Court of Administrative Justice, and in these cases, is there a possibility of appeal" Does it have or not?

Keywords

Administrative proceedings

Shariah proceedings

Court of Administrative Justice

non-substantive comment

jurists of the Guardian Council

Subjects