Examining jurisprudential-political tendencies in the formation of basic laws;Constitutionalism(mashroteh) and the Islamic Republic of Iran

Changes in Iranian society have long been influenced by religious issues. Among others, we can mention the legal-political tendencies of the constitutional period and the period of the Islamic Republic, each of which has led to the formation of different laws. The question of the present article is how the jurisprudential-political tendencies of the constitutional period and the Islamic Republic have influenced the process of the formation of laws? The hypothesis of the article is that the three factors of repelling tyranny, the limited or extensive authority of the jurist and the customary or Shariah perception of the law, are the most important factors influencing the formation of the laws of the constitutional era and the period c. A. It has been Iran. The results of the research show that jurisprudential-political tendencies in the period of constitutionalism and c. A. Due to the lack of wide powers for jurists, Iran used to be within the limits of customary laws, but during the period of the Islamic Republic, due to the wide powers of the jurists in the constitution, the Shari'a aspect was considered as a source of legislation as well as the prevention of tyranny. has been If in the constitutional period, the law, the conditionality of the monarchy, and the customary nature of politics are part of the sources of legislation, then in the trend of political Islam resulting in the Islamic Republic, Sharia rulings are considered as a deterrent to tyranny and a factor for legislation. The method used in this research is descriptive-analytical and using documentary and library sources.