Document Type : Original Article

Authors

• Ghodrattolah Rahmani ¹
• Kamal Kadkhodamoradi ²
• Fahimeh Gholami ³

¹ Assistant Professor, Department of Public Law, Allameh Tabatabai University, Tehran, Iran

² Student in Public Law, Imam Sadiq(A.S) University, Tehran, Iran

³ Master of Shiite History, ،Kharazmi University, Tehran, Iran

Abstract

Law is a modern concept that has developed under the relation and requirements of the modern world, and in relation to this world, it has special categories that become meaningful under these categories and contexts. This concept, like other modern concepts and institutions, entered the field of Iranian thought due to the familiarity of Iranian thought with the manifestations of the modern West. In other words, the rationality of the Iranian intellectuals in searching for the causes of Iran's backwardness and the development of Western societies in the late Qajar era came to the conclusion that the causes of the development of Western societies depend only on the existence of "law" in these societies and therefore in the position of reproduction and discourse. The construction of this concept emerged in Iranian society. On the other hand, the traditional world of Iranian society is tied to a rationality in which the legislative will of God is the main axis and element of its culture, civilization and rule. Therefore, the intellectuals of the constitutional era in the design and discourse of this concept in Iran, given the Shiite ideology of the ruling Iranian society had no choice but to evaluate the relationship of this concept with Islamic law. By examining the views expressed, these views can be based on their views on the relationship between jurisprudence and law in the three main categories of believers in the relationship of "similarity between law and sharia", believers in "conflict between law and sharia" and believers in "cooperation and "Completion of Sharia by law." Each of the mentioned approaches has significant representatives that this research has tried to analyze and critique their opinions in a descriptive-analytical way.

Keywords

• Intellectualism
• Law
• Jurisprudence
• Constitution
• Iranian law