نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، حقوق اسلامی، دانشکده حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In the Qajar era, the concept of “Ghanoon (Law)” emerged as a solution to Iran’s problems. There were different views on its relationship with Sharia. This term had not been used in this form before this period to refer to this new institution borrowed from Western political thought. “Ghanoon (Law)” was considered a new institution that had no relation to the Iranian political and philosophical tradition. This concept was based on three pillars: freedom in the sense of absolute
autonomy of human will, customary rationality, and socio-political order. These concepts were not used in this way in traditional Iranian literature. Given that the realm of law was social and political life and, in this respect, it was similar to Sharia, the question was raised among thinkers as to what the relationship between law and Sharia was. Some called for a complete separation of law from Sharia, while others emphasized the adaptation of laws to Sharia. Another group sought a balance between law and Sharia. In this article, by examining the treatises written about the necessity of the existence of law and its benefits for Iranian society during the Qajar period on the one hand and the content of the verses of the Quran about Sharia on the other, we try to compare the pillars of the concept of Sharia with the pillars of the concept of law in its modern meaning and determine the relationship between these two concepts. Considering the Sharia’s foundation on the two pillars of monotheism in Lordship and human servitude to God, and considering the three pillars of the concept of law in its new (modern) meaning, the possibility of combining modern legislation and religious legislation is possible only by reviewing the constituent pillars of modern law.
کلیدواژهها [English]
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