The Separation of Powers in the Political System of Islam and the Islamic Republic of Iran

The idea of separation of powers has been recognized as a model which was first developed and favored by Thomas Hobbes, John Locke, Montesquieu and Rousseau and was progressively adopted by political systems and constitutional law of various countries. Few other countries can be found today that their structure – although seemingly – are not organized on the basis of separation of powers. This paper attempts to investigate Iran’s position on the issue of separation of powers. Since the political system of I. R. Iran has been inspired by the political system of Islam, then the most important question must first be answered here is whether the separation of powers is adopted by the political system of Islam considering its basic principles. In addition to theoretical and practical problems this theory faced with, the present paper proves that the political system of Islam does not validate the real philosophy of this doctrine. Though, I. R. Iran had authenticated the separation of powers but established its principles based on its national needs. The separation of powers which is officially recognized by Article fifty seven of Iran’s constitution is consistent with Islam’s political jurisprudence and the rationale governing Western doctrine of separation of powers failed to impose itself on I. R. Iran’s model of separation of power.