Исследование исторической взаимосвязи между верховенством закона и суверенитетом религиозного права в конституционно-правовой системе Ирана

Abstract

Studying the relationship between the rule of law and sovereignty of religious law has always been considered one of the most controversial issues. This is even more conspicuous in the Constitutional Revolution which was the result of the coalition of religious and modernist forces. Religious forces supported the Constitutional Movement with apparent such as establishing the desired system of government to implement the religious rules and stop the interference and domination of foreigners over the country, while the modernists fought for the realization of ideas such as constitutionalism, freedom and, in a nutshell, the establishment of a modern government. The Constitutional Movement and the compliance of the ruling system with the public demand to have a more substantial role in the decision-making processes while transitioning from the traditional era and approaching a certain level of modernity, inevitably, caused numerous intellectual challenges; the pre-Constitutional power structure was quite traditional and after the Constitutional Revolution, the tendency towards “law” and the centrality of “parliament” in limiting the authority of the king became the subject of profound controversy, resulting in theorizations about the possibility or impossibility of the coexistence of tradition and modernity, and hence, the rejection or acceptance of peaceful coexistence of the manifestations of the two concepts - the religion and the law. The present article seeks to examine the relationship between the rule of law and sovereignty of religious law in the Constitutional legal system.