Calcutta Habl al-Matin’ s Approach to the State and the Iranian Constitution of 1906: With an Emphasis on the Period of Drafting the Constitutional Amendment

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FARAJI MAHDI; GHASEMI BEHZAD

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Journal: STUDIES THE STATE Year:2021 | Volume:7 | Issue:26 Page(s): 151-184

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Information Journal Paper

Title

Calcutta Habl al-Matin’ s Approach to the State and the Iranian Constitution of 1906: With an Emphasis on the Period of Drafting the Constitutional Amendment

Author(s)

FARAJI MAHDI | GHASEMI BEHZAD | Issue Writer Certificate

Keywords

Calcutta Habl al-MatinQ1

Constitutional thoughtQ1

ConstitutionQ2

The Idea of Separation of Sharia from CQ1

Abstract

Most critical discourses against the status quo in the Qajar period attacked the authoritarian regime and called for the transition from despotism to the rule of law. Eventually, the Constitution became the main demand of critics, and the Constitutional decree was issued. However, at the stage of drafting the Constitutional amendment, Constitutionalism faced a major challenge after being considered by clerical Constitutionalists to be contrary to Sharia (Islamic law). Consequently, Habl al-Matin, which had been promoting Constitutionalism with explanations based on customary law (orf) for some years, changed its position and promoted Constitutionalism based on the idea of separating Sharia from custom (orf). Adopting a descriptive– explanatory method, this study examines the bases and purposes underlying Habl al-Matin’ s attempt to explain and promote the idea. The findings show that after the Constitution being considered contrary to Sharia, the journal organized its customary explanation of Constitutionalism around the jurisprudential permission of the Islamic scholars of Najaf on the necessity of the separation of Sharia from custom during the Occultation, and as a way of linking the idea of the modern state with Sharia.

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APA: Copy

FARAJI, MAHDI, & GHASEMI, BEHZAD. (2021). Calcutta Habl al-Matin’ s Approach to the State and the Iranian Constitution of 1906: With an Emphasis on the Period of Drafting the Constitutional Amendment. STUDIES THE STATE, 7(26 ), 151-184. SID. https://sid.ir/paper/411383/en

Vancouver: Copy

FARAJI MAHDI, GHASEMI BEHZAD. Calcutta Habl al-Matin’ s Approach to the State and the Iranian Constitution of 1906: With an Emphasis on the Period of Drafting the Constitutional Amendment. STUDIES THE STATE[Internet]. 2021;7(26 ):151-184. Available from: https://sid.ir/paper/411383/en

IEEE: Copy

MAHDI FARAJI, and BEHZAD GHASEMI, “Calcutta Habl al-Matin’ s Approach to the State and the Iranian Constitution of 1906: With an Emphasis on the Period of Drafting the Constitutional Amendment,” STUDIES THE STATE, vol. 7, no. 26 , pp. 151–184, 2021, [Online]. Available: https://sid.ir/paper/411383/en

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