The Role of Shiite Clerics in the Codification of Iran's Civil Law during the First Pahlavi Era: With an Emphasis on the Role of Seyyed Muhammad Fatemi Qomi

With the rise of Reza Shah، modernization of Iran became prevalent at all levels of the government. The judiciary system was no exception to this trend. The approach of the Pahlavi government to the modernization of the judiciary system was to take distance from the laws of ‘Shari’a’ and move towards customary structures. This was opposed by the majority of the Shiite clerics who traditionally considered themselves the authorities of judicial affairs. The present study aims to analyze the role of the clergy in modernization of the judiciary system in the first Pahlavi era and the relationship between the said evolution and the establishment of a modern absolutist state، the government reform plan، and the modernization project. The research hypothesis is as follows: The first Pahlavi government eliminated those Shiite clerics who opposed the customary structures of the modern judiciary system intended by the government. However، a number of clerics remained in the judiciary system in spite of their opposition with the changes in the system and played a significant role. It can be concluded that، despite the establishment of a modern judiciary system in the first Pahlavi era، Shiite clerics and scholars retained their effective positions in the judicial affairs and demonstrated their legislative role through participation in the development and codification of the necessary judicial laws، especially the Islamic Fiqh-based Civil Law.