The introduction of the concept of nation rights to Iran and the role of modernists and shariaists in the constitutional era in its localization

Fathi, Unes; Saadatirad, Behroz

The introduction of the concept of nation rights to Iran and the role of modernists and shariaists in the constitutional era in its localization

Document Type : Original Article

Authors

unes fathi ¹

behroz saadatirad ²

¹ Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran

² Faculty of Literature and Humanities, Bu_Ali Sina University, Hamedan, Iran

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 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.

Keywords

Constitutional Revolution

Modern Concepts Nation Rights

Modernists

Shariahists"

Adamit, Fereydoun, (1970), Thoughts of Mirza Fath Ali Akhondzadeh, Tehran: Kharazmi

Adamit, Fereydoun, (1984), The Thoughts of Talibov Tabrizi, Tehran: Damavand

Adamit, Fereydoun, (2006), The Thought of Progress and the Rule of Law, Kharazmi Publications

Ajdani, Lotfollah, (2018), Scholars and the Constitutional Revolution, Fifth Edition, Tehran: Akhtaran

Akhundzadeh, Mirza Fath Ali, (1978), The New Alphabet and Letters, by Majid Mohammadzadeh, Tabriz: Mehr Printing

Damghani, Mohammad Taghi, (1978), The first laws of Iran before constitutionalism, Tehran: Behzad

Kadivar, Mohsen, (2008), Theories of government in Shiite jurisprudence, seventh edition, Tehran: Ney Publishing

Malek Khan, (2002), Treatises of Mirza Malek Khan Nazem Al-Dawlah, Compiled by Hojjatullah Asil, Nahran: Nashr-e Ney

Malkam Khan, (2009), Malkam's treatises, by the efforts of Hojjatullah Asil, second edition, Tehran: Ney Publishing

Maziani, Mohammad Sadegh, (2010), Distinctions between Religious and Western Constitutionalists, Qom: Book Garden

Moradi, Massoud; Rezaei, Fatemeh, (2016), Evaluation of the Concept of Nation in the Qajar Period, "Journal of Historical Research in Iran and Islam", No. 19

Moradkhani, Fardin, (2017), Legal Reading of the Iranian Constitutional Revolution, Tehran: Mizan

Moradkhani, Fardin; Sadeghian, Marzieh, (2019), The Constitution of the Nation and the Role of Ayatollah Naeini in the Development of the Concept of Right, "Quarterly Journal of Political Science", 22, No. 82

Mustashar al-Dawla, Mirza Yusuf Khan, (2003), A Word and a Letter, by Mohammad Sadegh Feyz, Tehran: Sabah Publications

Naeini, Mohammad Hussein, (2009), Tanbih al-Ummah and Tanzih al-Mullah, edited by Seyyed Javad Varei, Qom: Islamic Propaganda Office Publications

Saket, Mohammad Hossein, (1991), A Historical Approach to the Philosophy of Law, Tehran: The Contemporary World

Tabatabai, Seyed Javad, (2007), Fundamentals of the Rule of Law in Iran, First Edition, Tehran: Sotoudeh

Talibov, Abd al-Rahim, (1978), Freedom and Politics, by Iraj Afshar, Tehran: Sahar Publications

Turkman, Mohammad, (1983), Letters of Announcements and Letters of Sheikh Shahid Fazlullah Nouri Newspaper, Volume I, Rasa Cultural and Service Institute

Zargarinejad, Gholam Hossein, (1995), Treatises on Constitutionalism (Eighteen Treatises and Bills on Constitutionalism, Tehran: Kavir Publications