نوع مقاله : مقاله پژوهشی
نویسنده
حقوق اسلامی، دانشکده حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The concept of law can be considered one of the most fundamental concepts that constitute contemporary Iranian society. Before and after the constitutional movement in Iran, many Iranian writers have written about this concept and have either supported or rejected it in the context of social developments. This is while the image of the Iranian lawyer of the “concept of law” is the image of an “objective”, transhistorical-cultural thing that has remained constant from one society to another and from one era to another. This objective thing is created only by the institution. It only contains a strong promise and is written in the common language and is therefore understandable to everyone and only contains worldly interests and anyone with any religion can adhere to it and include customary and ordinary laws. The question that can be raised regarding the concept and nature of law is whether it can be interpreted without reference to religious precepts (conceptually) and whether a law devoid of religious-philosophical content can be established (concretely)? This dispute can also be posed in another way: Is the valid law in the Islamic state what can be called Islamic Sharia? In this article, by examining the writings related to the concept of law before and after constitutionalism, we have shown that the concept of "law" in contemporary Iran is a new construction arising from political and social actions in Iranian society during the Qajar era and after. Accordingly, the concept of law we have given is a concept influenced by philosophical, moral, religious and theological beliefs, and the neutrality of the law is impossible in this respect.
کلیدواژهها [English]
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