Constitutionalism and teh Concept of Law in Mirza Naini’s Political Thought
The concept of “law” should be considered as the epicenter of constitutionalism in Iran. Therefore, basic conflicts emerged between Sharia and the modern law, and divided clergymen into two spectrums, Constitutionalists and Traditionalist (Sharia), which the prominent representative of constitutionalist spectrum was Mirza Mohammad Hossein Naini. Based on his ideas and Ijtihad’s (exegesis of divine law), for resolving the conflicts about setting Constitutional Government, we found that, Naini considered Constitutional Government as the best political system in the age of Imam’s absence (occultation), based on nation’s will through the parliament, and by dividing the Sharia law in two groups of "Mansoos" (based on Quran and Hadith) and "Gheyre Mansoos" (not based on Quran and Hadith), put the concept of law in the realm of Gheyre Mansoos laws which could be passed and enforced by nation’s representatives in parliament. In this article with the analytical method and by citation of historical written texts, this issue is clarified.
sharia , Constitutionalism , Law , Ijtihad , Mirza Naini
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