Legislative Differences in Iran during the Constitutional Revolution and the European Period of Enlightenment

Subject Areas : Journal of History (Tarikh)

Akram Salehi Hikouyi ¹ , Hossein Abadian ² , Nemat Ahmadi Nasab ³

1 - Department of Historyو Centeral Tehran Branchو Islamic Azad University of
2 - Department of History in Faculty of Humanities in Imam Khomeini International University
3 - Department of History ,Centeral tehran Branch ,Islamic Azad University,

Received: 2019-08-20 Accepted : 2019-11-05 Published : 2019-08-23

Keywords: "Iran", "Right", "Law", "Constitution", "Sharia",

Abstract :

This study based on the fact that the Iranian constitution had its roots in a particular culture, custom and rituals regarding the religious insights. So the major topics of this period were theological and jurisprudential debates. European Constitutional systems after centuries of in-depth discussion of the concept of rights and the necessity of modern legislation were formed, the Iranian constitution was also based on a definition of rights that appeared in a religious body which was influenced by dominant culture. The main view of this paper is that due to cultural differences, there was a difference between the Iranian constitution and other versions of constitutionalism around the world. It also attempts to show that the foundations of constitutional systems throughout the world are not necessarily the same, so it is natural that there are differences and distinctions between them. To illustrate this distinction, there has been some discussion of Rousseau's views.