Role of the Shī‘a Scholars in Secular Nationalism and Modernization of the Judicial System of the first Pahlavī Era

تاریخ و فرهنگ

Article 5, Volume 44, Issue 1 - Serial Number 88, September 2012   

Document Type: Research Article

DOI: 10.22067/history.v0i0.11956

Authors

Ḥusayn Zandiya; Ṭal‘at Dihpahlavānī^*

Abstract

Throughout the history of the Islamic Iran the judicial system has always been based on common law and canon law (sharī‘a). Upon the formalization of Shī‘ism as the official school (nadhhab) in the Safavid era, the Shī‘a jurisprudence was set as the basis for legal judgments; and for the execution of judicial affairs the ruler
appointed officers such as Ṣadr, Shaykh al-Islām, and other judicial authorities (as fully-authorized rrepresentatives of the King in public and criminal law enforcement) to this job. Towards the end of the Qājār era, the intellectual impacts of the Constitutional Movement and the presence of the new Western-educated class alongside the ruling class prompted the secular nationalism and modernization in the judicial system, particularly the amendment to the Constitution, which had taken into consideration the principle of separation of powers (three branches of government), formation of the new judicial system, and tendency toward a secular legislation. This was contrary to the viewpoints of the scholars, who regarded themselves as the custodians of the judiciary. Their argument was that there is no need for alternative law in place of canon law; and this way, despite the endeavors of the modernists, the full establishment of the common law judgment was left unfulfilled. Therefore, what is addressed in this article is to study the role of the scholars in the secular nationalism and modernization prior to the Pahlavi era.

Keywords

judicial system; canon law; common law; amendment to the Constitution