Grafting between Shariat and constitutionalism from the point of view of Gharavi Naini

Subject Areas : sociology

Hamed Mohseni Azar ¹ , Manouchehr Samadivand ² , Masoume Qara Daghi ³ , Reza Nasiri Hamed ⁴

1 - Department of Political Science and International Relations, Tabriz Branch, Islamic Azad University, Tabriz, Iran
2 - Assistant Professor, Department of Islamic Studies, Tabriz Branch, Islamic Azad University, Tabriz, Iran (corresponding author) [e-mail]
3 - Assistant Professor, Department of Political Science, Shabester Branch, Islamic Azad University, Shabester, Iran
4 - Department of Political Science, Tabriz University, Tabriz, Iran.

Received: 2024-08-04 Accepted : 2024-09-30 Published : 2024-12-20

Keywords: Shariat, constitutional movement, Naini ,

Abstract :

Iranian constitutional theorist Mohammad Hossein Gharavi Naini tried to express and analyze the theory of constitutionalism from the perspective of Shiaism. He has not paid attention to the basic points of difference between Islam and the constitutional system in expressing his views and thoughts on constitutionalism. The main goal of this research was to analyze the connection between Sharia and constitutionalism from the point of view of Ghrawi Naini and the documentary research method in a descriptive-analytical way. The findings showed that the need of the modernists for the support of the scholars and the religious context of the Iranian society caused the clergy to ignore some aspects of the conflict between the constitutional system and the fundamental foundations of Islam From Naini's point of view, despite the fact that it violates the right of the Imam of the Age, the constitutional government can be in harmony with Islam more than any other government, due to the lack of development of the theoretical foundations of the religious government. In the conditions of that time, he had no choice but to combine some cultural elements of the West with traditional culture by maintaining his religious belief and accepting some intellectual achievements, and he had a lot of influence on the evolution of political thought after the constitutional movement. He and his co-thinkers enriched the political thought of Shiism.

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