| Explaining and examining the principles of constitutionalism in Iran is one of the most basic topics in public law, political science and jurisprudence. The [1905] Constitutional Revolution was a seminal legal, political and social event. Contemporary Iranian thinkers have focused on various dimensions and angles of the revolution and presented different readings of it. One of these readings is that of Sheikh Ismail Mahallati, a constitutionalist jurists and the author of the treatise "Al-Laali al-Marbutah fi Wujub al-Mashrutah". This paper, using a descriptive-analytical method, seeks to describe the principles of constitutionalism and duties of the sovereign from the perspective of Mahallati. This paper’s findings suggest that Mahallati, using the Book [the Qur'an] and Sunnah [the sayings of the Prophet], believed that the principle of shura (consultation) is a Qur'anic principle and considered reason and the la-zarar (no-harm) principle as the justificational basis of constitutionalism. In addition, in his view, the sovereign is limited to executive affairs and cannot interfere in determining its instances, because from Mahallati’s perspective, the exercise of sovereignty is a matter of representation during the absence [of the twelve Imam in the doctrine of Twelver Shi’ism]. |
- A) Books
- Holy Quran translated by Mohammad Mehdi Fooladvand (In Persian).
- Abadian, H. (2004). Constitutional Crisis in Iran. Tehran: Institute of Political Studies and Research (In Persian).
3.Abadian, H. (2007). Sheikh Ismail Mahallati and the Development of Constitutional Political Thought, in the Light of Constitutionalism. Tehran: Samadiyeh ( In Persian).
- Zargarinejad, G. H. (2011). Treatises on Constitutionalism. Tehran: Publications of the Institute for Research and Development of Humanities, Second Edition, Vol.2 (In Persian).
- Sayyid Razi, Abu al-Hasan Muhammad ibn al-Husayn (1993). Nahj al-Balaghah, translated by Seyyed Jafar Shahidi, Tehran: Islamic Revolution Publications and Education, fourth edition (In Persian).
- Tabatabai, Seyed Mohammad Hussein (2000). Tafsir Al-Mizan. translated by Seyyed Mohammad Baqir Mousavi Hamedani, Qom: Islamic Publications Office, 11th edition (In Persian).
- Qurashi, S. A. A. (1987). Ahsan Al-Hadith. Tehran: Islamic Research Unit of the Besat Foundation (In Persian).
- Quchani, A. (1996). Siyahat Shargh. Tehran: Hadith Printing and Publishing Institute, second edition (In Persian).
- Kermani, N. A. I (1978). History of the Iranian Awakening. Tehran: Publications of the Iranian Culture Foundation and Agah Publications and Loh Publications (In Persian).
- Mahallati, M.I. (1342 AH). Anwar Al-Alam wa Al-Marafa. Najaf: Mortazavieh Printing House, lithography (In Persian).
- Mahallati, M. I. (1383 AH). Revising the research on the provisions of the three expenditures. with introduction: Hashem Rasooli Mahallati, Qom: Hekmat Printing House (In Persian).
- Mahallati, M. I. (2007). In the light of constitutionalism(review and the main text of the book La'ali al-Marbutah fi Oujub al-Mashrutah). Introduction by Ismail Rouhani, Tehran: Samadiyeh (In Persian).
- Moradkhani, F. (2017). Legal Reading of the Iranian Constitutional Revolution. Tehran: Mizan Publishing. (In Persian).
- Ma'refat, M. H. (1999). Civil Society, Qom: Al-Tamhid Publishing Cultural Institute (In Persian).
- Makarem Shirazi, (under the supervision of) N. (1991). Rules of Jurisprudence. Vol.1. Qom: School of Imam Ali Ibn Abi Talib (AS), third edition (In Persian).
- Makarem Shirazi, (under the supervision of) N. (1995). Sample Interpretation. Vol.3, Tehran: Islamic Library, 32nd Edition (In Persian).
- Montazeri, H. A. (1991). Jurisprudential Foundations of Islamic Government. Vol.3, translated by Mohammad Salavati, Qom: Tafkar Publishing (In Persian).
- Movahed, M. A. (2018). Right and Abuse of it. Tehran: Karnameh Publishing (In Persian).
- Naini, M. H. (2007). Tanbih al-Ummah and Tanzih al-Mella. edited by Ruhollah Hosseinian, Tehran: Islamic Revolutionary Documentation Center (In Persian).
- Najafi, M. (2013). Foundation of Political Philosophy in Iran during the Constitutional Era. Tehran: Institute for the Study of Contemporary Iranian History (In Persian).
B( Articles
Pezeshki, M. (2006). Power Restriction Bill. Pegah Hozeh, 187, 78-84 (In Persian).
Hijri, M. (September and October 2006). Government in the Public Interest. Iran Perspective Bimonthly, 39, 81-86 (In Persian).
References In Arabic:
- A) Books
- Aqa Bozorg Tahrani, M. H. (1404 AH). the classes of Shiite leaders who are the captains of humans in the fourteenth century. Mashhad: Dar Al-Murtada (In Arabic).
- Amin, M. (1403 AH). Shiite lords. Vol.3, Beirut: Dar al-Ta'rif for publications (In Arabic).
- Khomeini, S. R. (1415 AH). Bada'i al-Dorar in the rule of negation of harm. Tehran: Institute for Organizing and Publishing the Works of Imam Khomeini (RA), third edition (In Arabic).
- Khomeini, S. R. (1410 AH). Al-Rasa’il. Vol.1, Qom: Ismailian (In Arabic).
- Al-Zamakhshari, J. M. O.(1414 AH). Uncovering the Realities of the Mysteries of the Download. Vol.1, Qom: The Islamic Media Office (In Arabic).
- Shawkani, Muhammad bin Ali bin Muhammad (1413 AH). Neil Al-Awtar, Explanation of Mukhtar Al-Akhbar in Hadith of Sayyid Al-Ikhyar, Vol.5, Egypt: Dar Al-Hadith (In Arabic).
- Fayd Kashani, Muhammad bin Mortada. (Undated). Al-Safi fi Interpretation of the Word of God. Vol.1, Mashhad: Dar Al-Murtada Publishing (In Arabic).
- Al-Kazemi Al-Khorasani, Muhammad Ali (1404 AH). Benefits of Usul. Qom: Islamic Publishing Foundation (In Arabic).
- Klenny, M. Y. (1988). Al-Kafi. Tehran: Dar Al-Kutub Al-Islamiyyah, third edition (In Arabic).
- Al-Najafi Al-Jawahiri, M. H. (1362 AH). Jawahar al-Kalam. Beirut: Dar Al-Ahya Al-Tarath Al-Arabi, seventh edition (In Arabic).
|
