The Position of Shari'a and custom the Early Constitutional Period on the basis of legal documents (1324 - 1330 AH)

The Iranian judicial system was based on the dichotomy of custom. This framework has been one of the most important issues raised in the legislation at the time of the constitutional system. Therefore, this article seeks to identify the status of religion and customs in the constitutional system. One of the most important sources of this research is the documentation of the administration of justice at the top of the constitution. These documents help the researcher to understand the hidden aspects of the legal and customary position in the constitutional system of law, which is less discussed elsewhere. The method used in this research is historical and, due to the nature of archival sources, it is done by a descriptive-analytical method. The findings show that one of the most important measures of the constitutional government in the development of the judiciary is the separation of Shari'a jurisdictions from customary jurisdictions; it cannot be claimed, however, that it has been fully distinguished between Shari'a and customary jurisdictions; The origin of the Iranian legal system has been Shari'a law.