Jurisprudential-Legal Reexamining of Sheikh Fazlullah Nouri's Viewpoint on Constitutionalism and Legislation of Sharia

The issue of law is an issue that has been increasingly important in the   scientific community since the beginning of constitutionalism in Iran and in scientific societies, its importance has increased day by day. In the meantime, the scholars of the constitutional era, who were charge of the intellectual and religious authority of the society, entered into this issue. Gradually, two currents formed among the jurists, some of whom rejected the initial confirmation and others who adhered to their word. Both groups agreed that the ruling on the Constitution should be religious in nature. Sheikh Fazlullah Nouri, a prominent scholar and jurist in Tehran, was one of those who opposed the law[1] and the National Consultative Assembly, stipulating the condition of legitimacy for the proper course of affairs. The present article is based on the study of library documents and resources and with a descriptive-analytical approach seeks to answer the question that; according to Sheikh Fazlullah Nouri, what are the evidences regarding the non-inclusion of the sharia ruling on illegitimate constitutional concepts? Consequently, addressing the answer will require examining the angles of the case in terms of various jurisprudential and legal views and opinions.