Note: The 60th scientific session, titled “Methodology of Legislative Governance Based on Islamic Principles,” was held on Sunday, 13 Mehr 1404 (October 5, 2025), at the Islamic Research Center of the Parliament. In this session, attended by Ayatollah Ahmad Moballeghi, the processes and methods of interaction between jurisprudence and law in legislation were explored. Ayatollah Moballeghi emphasized the necessity of three stages—theorization, jurisprudential deduction, and legislation—and warned against reducing jurisprudence to a mere legal tool. He critiqued six models of the relationship between jurisprudence and law, introducing the “integrated fusion” model as the optimal approach. He also stressed the importance of a deep connection between jurisprudence and law to achieve religious legislation and prevent disorder in the legal system. This session was held with the aim of enhancing the quality of Islamic legislation and benefiting from the scientific experiences in the fields of jurisprudence and law.
According to the news portal of the Research Institute for Contemporary Jurisprudence Studies, on Sunday, 13 Mehr 1404 (October 5, 2025), the 60th scientific session of the specialized series “Methodology of Legislative Governance Based on Islamic Principles,” titled “Processes and Methods of Interaction Between Jurisprudence and Law in Legislation,” was held at the Islamic Research Center of the Parliament.
This session, organized by the Jurisprudence and Law Group of the Islamic Research Center of the Parliament, the Research Institute for Contemporary Jurisprudence Studies, and the Islamic Sciences Development and Empowerment Desk of the Islamic Propagation Office, featured a detailed examination of the relationship between jurisprudence and law in the legislative process, presented by Ayatollah Ahmad Moballeghi, a distinguished professor of the Qom Seminary.
Hujjat al-Islam wal-Muslimeen Dr. Mohammadreza Gharibi, an expert at the Islamic Research Center of the Parliament and the scientific secretary of the session, opened the meeting by referring to the duties and missions of the Islamic Consultative Assembly in the areas of legislation and oversight. He stated, “The Method on Sundays sessions are held with the aim of improving the quality of legislation based on Islamic principles, and the presence of Ayatollah Moballeghi provides a valuable opportunity to benefit from his scientific expertise in the area of interaction between jurisprudence and law.”
Ayatollah Moballeghi, in his presentation, emphasized the necessity of three stages in legislation based on jurisprudence: theorization, jurisprudential deduction based on that theory, and legislation. He warned, “If we lack a theory regarding the relationship between jurisprudence and law, religious legislation will descend into a state of disorder, and we will not know where we are heading.”
Criticizing the reduction of jurisprudence to a mere tool for filling legal provisions, he stated, “Jurisprudence that is indifferent to law becomes isolated; law without roots collapses.”
The professor of advanced jurisprudence and principles at the Qom Seminary then introduced and critiqued six different models of the relationship between jurisprudence and law. He identified the “container and content” model, which is often prevalent in the mindset of the seminary, as an example of fundamental issues, explaining, “In this model, jurisprudence is deduced abstractly and used merely as a container for pouring law, without considering real issues and legal requirements. The result of this approach is an unrealized jurisprudence and a rootless law.” He also examined five other models in detail: “spirit and body,” “derivative,” “land and boundary,” “form and meaning,” and the “integrated fusion” model, introducing the latter as the preferred theory: “In this model, jurisprudence is present as a comprehensive and harmonious spirit in all dimensions of the law, and, alongside a precise understanding of the legal structure, it constructs a legal form compatible with it.”
Regarding the role of jurisprudence in legislation, Ayatollah Moballeghi stated, “Jurisprudence is the only binding normative knowledge in Islam, and since law is responsible for regulating behavioral norms, the two must have a structural and deep relationship. A law disconnected from jurisprudence will not represent religion.” Citing a historical example of a disagreement between the late Ayatollah Shahroudi and the Guardian Council regarding the concept of “crime,” he noted, “In jurisprudence, we have sin, but a legal crime requires explicit legal definition. This difference shows that law, for the sake of social order, requires precise and concrete definitions of subjects.”
In conclusion, Ayatollah Moballeghi emphasized that producing jurisprudential law requires a transformation in the method of deduction and a precise consideration of legal requirements, which cannot be achieved through superficial adjustments.
At the end of this scientific session, participants raised their questions and ambiguities, creating an interactive environment for the exchange of ideas and specialized discussions. This part of the program provided a valuable opportunity to explore the topics discussed in greater depth and to debate various scientific perspectives in the field of interaction between jurisprudence and law.