Jurisprudence and the Issue of Dual Construction of Power in Iran

The dual construction of power in Iran being interpreted as the dualism of the pattern of power distribution is considered as one of the main issues of contemporary Iran. This dualism was initiated simultaneous with the penetration of the west with the more accurate interpretation of “modernity”، the expansion of its domain on the countries around and the advent of annihilation and retardation of our society towards the west. In time of constitution، in one hand the legitimacy of absolute monarchy being the main symbol of the construction of previous power confronted with a challenge and the monarchy was considered as the sign of retardation. On the other hand، the modern government being generated out of the western democratic system could not take the place of monarchy، since its thought principles was not corresponding to that of this society. The reaction of the Shiite political jurisprudence to this issue is the objective of the present article which considers the two theories of Islamic constitution and republic as a respond to this issue by means of the methodology of jurisprudence. Both theories deny the absolute monarchy and unite the modern government with the Islamic and traditional principles of society. The theory of Islamic republic definitely presents the more inclusive reply to the dualism of power.