عنوان مقاله [English]
The Holy Prophet's legislative guardianship has been accepted without major dispute by the Shia, although this isn't the case for many Sunni scholars. For this reason, this article attempts to elaborate on the Holy Prophet's authority to legislate divine laws based on the theory of "permission" and his divine guardianship based on the glorious verses of the Qur'an as well as the opinions of scholars from both Shia and Sunni schools of thought. We will start by reviewing the theoretical literature as well as the principal concepts, and then moving onto the main theory. After that, we will try to employ Qur'anic verses and the Shia and Sunni scholars' opinions in order to elaborate on the reasons and arguments for the main theory. This is in addition to our findings and views which substantiate our article's theory. This theory states that God Almighty permitted the Holy Prophet (pboh) to legislate and granted him guardianship over religion in order to enable him to make laws within Islam's overall framework according to the circumstances of the time. This theory is much different from the theory of "ijtihaf-al-nabi" (i.e. the legislating of laws by the Prophet) as well as the theory of "tafviz-amr-al-din" (i.e. handing the religion over to the Prophet).
Key words: Permission; Guardianship; Legislation; Legislative guardianship