Document Type : Research Paper
Authors
1
Department of Political Sciences, Faculty of Law, Theology and Political Science, Islamic Azad University,, Sciences and Research Branch, Tehran, Iran
2
Department of Political Science, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
3
Department of Political Sciences, Faculty of Law, Theology and Political Science, Islamic Azad University Sciences and Research Branch, Tehran, Iran
10.22034/ipsa.2024.497
Abstract
One of the lesser-known areas in the "experience of political modernization in Iran" is the efforts that were made in the field of "law writing" in the Qajar era, before the establishment of the National Assembly. These efforts, on the one hand, were based on the expanding idea of legalism, and on the other hand, they helped a lot in its development. The present research, taking into account the analysis of critical discourse, and emphasizing the discursive "texture" of legalism, while paying attention to its "constitutional" type, seeks to know the approaches of this type of law writing in relation to Sharia. The findings of the research show that two important approaches were intended. One was the "positive" approach, which was discussed most of all in one word, and the other was the "negative" approach that Akhundzadeh followed in response to the writing of this treatise, and it was in complete agreement with his attitude. In the "positive" approach, Sharia is presented as an important rule for a better understanding of law writing, in which no law will be written, unless there is a clear relationship with Sharia, and of course in that modern law, which is based on European "constitutions". and Shariat was a category that was considered as its confirmation. At the same time, the negative approach basically considered the law writing on this basis to be incorrect and unhelpful for the society and the government and rejected it altogether.
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