Crisis Studies of the Islamic World

Crisis Studies of the Islamic World

The Impact of Interpretative Thinking of the Concept of Law in the Crisis of the Constitutional Revolution

Document Type : Research Paper

Authors
Mohammad Mustafa keyhani 1
Rashid Rekabian 2
Ali Fallahi Seifoddin 3
1 PhD student, Department of Political Science, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
2 Associate Professor, Department of Political Science, Faculty of Law and Political Science, Ayatollah Boroujerdi University, Boroujerd, Iran
3 Assistant Professor, Department of Political Science, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
10.27834/CSIW.2503.1523.2.37.10
Abstract
More than a century ago a great revolution took place in Iran the main goal of which was to establish a government based on law. Therefore, the concept of law has been one of the fundamental and at the same time challenging concepts in the Iranian constitutional movement. The importance of the issue is such that perhaps the root of the constitutional crisis in Iran can be considered the failure to present a clear concept of law. In this context, the two religious and secular currents presented different interpretations of the concept of law, which led to the crisis of the Constitutional Revolution (Problem Statement). Based on this introduction, the present research answers this question what interpretation did the intellectual currents present of the concept of law and what impact did they have on the crisis of the Constitutional Revolution. The research hypothesis concords with a descriptive-analytical method and the method of collecting historical sources of the Constitutional period and internet sources. The thinkers of the two streams of the Constitutional Era shared the view that the principle of law was to prevent tyranny and regulate the affairs of society, but they offered different interpretations of the compatibility and incompatibility of law with Sharia. This led to the crisis of the Constitutional Revolution, in such a way that the compatibility approach not only considered the combination and sometimes the sameness between legal and Sharia provisions possible, but also ultimately gave priority to the law and its requirements. In contrast, the Shariaists, while accepting the establishment of human law considered the criterion of law to be revelation (Hypothesis). Thinkers of the movements of the Constitutional era shared the opinion that the principle of law was to prevent tyranny and regulate society's affairs, but they presented different interpretations regarding the compatibility and incompatibility of law with Sharia.Which led to the crisis of the Constitutional Revolution.

Keywords
Constitutional Revolution
Islamists
secularists
law
crisis
Akhundzadeh, F. (2018). The New Alphabet and Writings: Tehran, Ihya. [In Persian]
Akhundzadeh, M. F. (2015). Writings, Introduction and Revision by: M. Sobhadal, Bija, Mard Emrooz Publishing. [In Persian]
Al-Davoud, S. A. (2018). The First Legislative Efforts in Iran: Sokhan Publishing. [In Persian]
Avery P. (2013). The Authors of the History of Iran, Pahlavi Period, from Reza Shah to the Islamic Revolution, Translated by Morteza Saqibfar, Third Edition, Tehran, Jami Publishing. [In Persian]
Azadi, I. (2019). Genealogy of Political Currents and Pathology of Parties in Iran: Sales Publishing. [In Persian]
Beheshti Seresht, M. & Hatami, H. (2008). The confrontation and interaction of Mullah Mohammad Kazem Khorasani and Seyyed Mohammad Kazem Yazdi during the Constitutional Revolution: Quarterly Scientific and Research Journal of Humanities, Vol. 71, pp. 23-43. [In Persian]
Darabi, A. (2018). Political Flow in Iran, Tehran, Culture and Thought Research Institute Publication. [In Persian]
Derakhshe, J. (2005). The Relationship between Law and Sharia in the Political Thought of Allameh Mirza Naeini: Political Science Journal, Vol. 2, pp. 123-145. [In Persian]
Enayat, H. (2009). Political Thought in Islam, Ma'as, translator, Baha'uddin Khorramshahi, Tehran, Khwarizmi. [In Persian]
Fairhi, D. (2017). The Concept of Law in Contemporary Iran: Ney Publishing House. [In Persian]
Fakhri, M. (2014). The Position of Scholars Against Constitutionalism and the Secular Intellectual Movement in the Constitutional Revolution: Master's Thesis, Payam Noor University, Tehran Province. [In Persian]
Forster, M. (2015). Schleiermacher, translated by Seyyed Masoud Hosseini, Tehran: Qognos Publishing House. [In Persian]
Griffin, J. (2008), On Human Rights, Oxford University Press.
Haeri, A. H. (2013). Shiism and Constitutionalism in Iran and the Role of Iranians Living in Iraq: International Printing and Publishing Company. (Affiliated with the Islamic Propaganda Organization). [In Persian]
Haghighat, S. S. (2015). Methodology of Political Science, Mofid University Publishing. [In Persian]
Kadivar, M. (2008). Theories of State in Shiite Jurisprudence, Political Thought in Islam (1); Ney Publishing. [In Persian]
Khorasani, R. (2011). The Relationship between Sharia and Law in Constitutional Political Jurisprudence: Political Science Journal, Vol. 2, pp. 76-98. [In Persian]
Khoshnam, M. (2011). A Study of the Challenges of Modern State Innovation and Legal Assessment of Constitutional State in the Constitutional Era: A Paper Presented at the Sixth International Conference on Jurisprudence and Law, Law and Social Sciences. [In Persian]
Malekzadeh, M. (2013). History of the Constitutional Revolution of Iran, Publications Speech. [In Persian]
Masrur, O. (2008). The Impact of Western Thought on the Constitutional Law: Master's Thesis, University of Tehran. [In Persian]
Mojtaba Zadeh, A. & Leyali, M. A. (2017). Political Flows: A Look at Parties, Groups and Political Currents in Contemporary Iran: Daftar Maarif Publishing. [In Persian]
Mokhtarpour, M. (2011). Theoretical Interpretation of Developmental Thoughts and the Tendency to a Secular Lifestyle, Journal of Iranian Social Development Studies, Vol. 1, pp. 45-76. [In Persian]
Molkam Khan, M. (1976). Qanun Newspaper, Amir Kabir, Qanun Newspaper, Tehran: Kavir Publications, first edition, 2535 [In Persian]
Molkam Khan, M. (2009). Treatises of Mirza Malkam Khan Nazim-ud-Dawla, by the efforts of Hojjat A... Asil, Tehran: Ni Publications. [In Persian]
Moradkhani, F. & Ahmadi, A. (2023). The Concept of Law in the Thought of Sheikh Ebrahim Zanjani with Emphasis on the Detailed Discussions of the Second and Third Constitutional Assembly: Historical Essays Journal, Vol. 2, pp. 23-43. [In Persian]
Mosharr-ud-Dawla. (2007). One Word, by Alireza Dolatshahi, Tehran: Bal Publications. [In Persian]
Naini, M. H. (2003). Punishment of the Nation and the Purification of the Nation, Research and Correction by Seyyed Javad Warei, Qom: Bostan Book Publishing. [In Persian]
Nouri S. F. (1963). The Necessity of the Parliament's Obedience to Islamic Laws" in Rajabi (Davani) Mohammad Hassan Political and Social Writings and Statements of Shiite Scholars Volume 2 Tehran Nay Publishing 2011. [In Persian]
Nouri S. F. (1984). "Treatise on the Sanctity of the Constitution in Turkmen, Mohammad, Writings of Declarations .... and Some Reports on the Role of Sheikh Fadlallah Nouri in Constitutionalism Volume 2 Tehran Institute for Cultural Services, Rasa. [In Persian]
Nouri S. F. (1990). Treatise on the Inattentive and the Guidance of the Ignorant in Zargarinejad, Gholam Hussein Treatises on Constitutionalism as Narrated by Supporters and Opponents Volume 1 Second Edition Tehran Publishing Institute for Research and Development of Humanities. [In Persian]
Rajabi Davani, M. H. (2011). Political and Social Writings and Statements of Shiite Scholars, Vol. 4, Tehran, Ney Publications. [In Persian]
Rasekh, M. & Bakhshizadeh, F. (2015). The Concept of Law in the Age of Iranian Constituationalism: Early Writers. Legal Research Quarterly, 17(68), 1-21. [In Persian]
Rasekh, M. & Bakhshizadeh, F. (2018). The Shariatists and Law in the Age of the Constitutional Revolution of Iran, Journal of Judicial Law, Vol. 101, pp. 95-117. [In Persian]
Shah Mohammadi, R. (2015). The Foundations of the Modern State in the Thought of Thinkers of the Constitutional Era: Tehran, Abad Boom Publications. [In Persian]
Shakuri, M. (2005). Intellectual Tensions of Constitutionalists: Baztab Andisheh Publication, No. 69, pp. 34-56. [In Persian]
Sur Israfil Newspaper .(1870). Legitimate and Constitutional Laws, No. 16, p. 1, second column, second paragraph and p. 8. [In Persian]
Tabatabaei, J. (2006). Theory of the Rule of Law in Iran, Tabriz: Sotoudeh Publishing House. [In Persian]
Talibov, A. (1324 AH). Issues of Life, Tbilisi, Ghairat Press. [In Persian]
Talibov, A. (1905). Masalek Al-Muhasinin, with the Effort of Baqer Momeni, Tehran: Shabgir Publications. [In Persian]
Tirney, Brian (2014) Religion, Law and the Emergence of Constitutional Thought, translated by Hossein Badamchi and Mohammad Rasekh, Tehran: Negah Moasar Publishing. [In Persian]
Zargarinejad, G. H. (2011). Constitutional Essays, Tehran, Institute for Research and Development of Humanities. [In Persian]
Crisis Studies of the Islamic World
Volume 12, Issue 2 - Serial Number 37
Summer Quarterly
Summer 2025

  • Receive Date 09 March 2025
  • Revise Date 11 April 2025
  • Accept Date 15 April 2025