چکیده:
The modern history of Iran's Qajar era holds a lesser-known aspect in the realm of law codification prior to the establishment of the National Assembly. This research delves into the efforts made in the field of law-codifying during this period, particularly focusing on the configuration approach termed as Regulatory law-codifying. The research aims to comprehensively understand this issue by examining two distinct types: "large" and "small" regulatory law codifying. Macro Regulatory law-codifying pertains to writings distinct from political treatises, focusing on governmental structure. Two notable examples discussed in this research are the second part of Malkam's "Daftar-e-Tanzimat" and Sepehsalar's "Ketabcheye TnazimatE Hasaneye Dowlate Elliyeh va Mamaleke Mahrouseye Iran". The second type, Small Regulatory law-codifying, encompasses laws tailored for smaller subjects or institutions, defined under macro laws. The research scrutinizes laws such as "Layeheye Dar al-Tanzil", "Entezam-e Lashkar va Majles-e Tanzimat", "Ketabcheye Ghannoun-e Dokhaniat", "Klid-e Esteta’at", "Ketebcheye Dastorolamal-e Divankhaneye Adliyeye A’zam", "Takalif-e Moshtarak-e Majales-e Vezarat-e Adliyeye A’zam", and "Resaleh Dar Taghsimat-e Edariye Vezarat-e Omour-e Kharejeh". The research identifies that regulatory laws were primarily based on macro laws, and the formulation of "Small" laws aimed to instill order and drive transformation in the government structure.
خلاصه ماشینی:
" This "micro-regulatory lawmaking" consisted of laws written for smaller subjects or institutions, such as "Sepahsalar's Regulations for the Protected Domains of Iran," "Military Order and Assembly," "The Bill for the Establishment of the Dar al-Tanzeel," "The Divankhaneh Instruction Booklet," "Key of Capability," "The Tobacco Law Booklet," "Regulations on Administrative Divisions," "Joint Duties of the Councils," "The Grand Justice Ministry," and "The Grand Justice Ministry's Foreign Ministry.
Research Literature Regarding Tanzimat in the Qajar era, many studies have been conducted that have explored it from various angles and examined its relationship with various issues; among them, the following studies can be mentioned: Erfaniyan (1391) believes that: Amir Kabir and Mirza Hossein Khan Sepahsalar from the beginning of the Naseri era, and Malek, are among the most important modern Iranian figures who, during their residence in the Ottoman Empire, saw the transformations of the Tanzimat era in that country from close range and were influenced by them.
Some of these laws have been examined in the research (Aamari Golestani, 1402a: 50-60) under the classification of "political laws," and here, they are examined with a broader approach (compared to purely political subjects): the bill for the formation of Dar al-Tanzil (Etemad al-Saltaneh, 1390b), the regulation of the military and the Assembly of Organization (Amin al-Dawlah, 1390), the booklet of the Tobacco Law (Ketabchi Khan, 1390), the key of capability (Etemad al-Saltaneh, 1390a), the booklet of the instructions for the Great Judicial Bureau (1390), the treatise on the administrative divisions of the Ministry of Foreign Affairs (Agha Mohammad Hosseini, 1394), and the joint duties of the councils of the Great Judicial Ministry (Eyubi Far, 1394).
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