unes fathi; behroz saadatirad
Volume 10, Issue 1 , July 2021, , Pages 149-176
Abstract
Regarding the introduction of the concept of the rights of the nation in the constitutional revolution and its evolution, one of the main issues that can be evaluated; The efforts of ...
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Regarding the introduction of the concept of the rights of the nation in the constitutional revolution and its evolution, one of the main issues that can be evaluated; The efforts of thinkers and jurists in the field of modernity and shariaism to develop this modern principle. Hence, the question that arises is how the first cornerstone of the principles related to the rights of the nation in Iran was laid by modernists and shariaists? The present study has sought to answer this question by descriptive-analytical method and using library resources and documents. The findings of this study indicate that at the beginning of the introduction of the concept of nation rights in the constitutional rights of modern concepts between Islamic concepts and Islamic law, there were disputes between modernists and religious people. During this period, in connection with the use or non-use of the concept of the rights of the nation, significant issues were raised by modernists and shariaists from the principles of Islamic law. However, this concept entered the Iranian constitutional system through the works of modernists and through their familiarity with Western concepts; However, it must be acknowledged that the course of its development and institutionalization has largely originated from the controversies that have taken place between each of them, as well as the canonists, over its localization.
