The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

Authors

    Mehdi Ganjali Bonjar Department of Law, BA.C., Islamic Azad University, Bandar Abbas, Iran
    Mostafa Seraji * Department of Law, BA.C., Islamic Azad University, Bandar Abbas, Iran mostafaseraji@iau.ac.ir
    Ahmad Ranjbar Department of Law, BA.C., Islamic Azad University, Bandar Abbas, Iran

Keywords:

Religious Governance; Executive Branch; Islamic Political Jurisprudence; Iranian Law; Malaysian Law

Abstract

The concept of “religious governance” in contemporary political thought comprises two fundamental components: first, the presence of an Islamic ruler as the source of political legitimacy, and second, the existence of Islamic law as the binding framework governing the exercise of power. This article employs a comparative approach to examine the impact of religious elements on the formation and functioning of the executive branch in Iran and Malaysia. In Iran, the structure of the executive is shaped by the principle of Velayat-e Faqih, which, alongside the presidency, creates a unique dual configuration. The religious and jurisprudential qualifications required of presidential candidates, as well as the supervisory role of the Guardian Council, reflect the strong influence of Islamic law on the composition of the executive. By contrast, in Malaysia, the executive operates within a constitutional monarchy; the Yang di-Pertuan Agong serves as the symbolic Islamic ruler, while the Prime Minister—who must be a Muslim—holds executive authority. In terms of attributes and qualifications, adherence to Islam and loyalty to Velayat-e Faqih are essential criteria for executive officials in Iran, whereas in Malaysia, Islamic requirements are combined with ethnic and political considerations. Regarding duties and functions, the Iranian government is directly mandated to implement Islamic laws and safeguard religious values, while in Malaysia the executive plays a more cultural and symbolic role, such as promoting Islamic education and supporting Islamic banking. The findings indicate that both countries draw upon religion as a source of legitimacy; however, the depth and binding force of religious influence on the executive branch is significantly stronger in Iran than in Malaysia.

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Published

2025-09-30

Submitted

2025-06-01

Revised

2025-09-16

Accepted

2025-09-17

Issue

Section

Articles

How to Cite

Ganjali Bonjar, M., Seraji, M., & Ranjbar, A. . (2025). The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia. Legal Studies in Digital Age, 1-14. https://jlsda.com/index.php/lsda/article/view/212

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