Mehdi Faraji; Behzad Ghasemi
Abstract
After the formation of critical discourses against the current situation in the Qajar period, most of them attacked the authoritarian regime and called for the transition from tyranny to the rule of law. Eventually, the constitution became the main critic's claim, and the constitutional order was issued. ...
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After the formation of critical discourses against the current situation in the Qajar period, most of them attacked the authoritarian regime and called for the transition from tyranny to the rule of law. Eventually, the constitution became the main critic's claim, and the constitutional order was issued. However, at the stage of drafting the constitutional amendment, constitutionalism was considered by shariatians to be contrary to sharia and thus faced a major challenge.The Habl-ol- matin, which had been promoting constitutionalism since many years ago, with secular explanations, after the challenge, changed its position and promoted constitutionality based on the idea of separating sharia from the custom.The basic question of the article is that Habl-ol- matin explained the idea on the basis of what basis and purpose?The findings of the research on the basis of the descriptive-explanatory method show that after the constitution was considered to be contrary to sharia, this publication regulates its secular explanation of constitutionalism on the basis of the jurisprudential permission of the Scholars of Najaf on the necessity of the separation of the sharia from the custom at the time of the absent, and as a way of linking the thinking of the modern state and sharia.
