The Issue of Parliament’s Legislation that Contradicts the Sharia: A Descriptive and Critical Studies

Abstract

The most important thing adhered to by those who prevent parliamentary work is to legislate what contradicts God's law. Then to what extent is this prohibition achieved, and are there guarantees to prevent this possibility? The importance of the research lies in the importance of parliament in the state, and the enormity of the role entrusted to it. The study of the rule of parliamentary work in terms of dissolution and sanctity is linked to the generality of the Islamic nation. Likewise, most Muslim countries have parliaments, although they are formal and do not have a tangible role, their existence in itself is a recognition of democracy and its values. This issue is considered as dangerous and deserves to study. The researcher uses the descriptive method in presenting the scholars' points of view and defining the elements of the subject in the Sharia and legal while resorting to some historical experiences related to the subject. Also, the researcher takes an analytical approach in dealing with schools of thought, criticizing and weighing them in the balance of Sharia as much as possible. The results of the research indicate that the system of government in Islam is one of the issues that ijtihad comes in accordance with the desired interest of the Islamic nation, and it is not limited to a historical image that is binding on all Muslims. Likewise, Muslims can activate some tools that ensure the parliament does not violate Islamic law, such as activating constitutions that support Sharia, giving ample space to the people and elites for criticism, and rejecting laws that contradict God's law.