چکیده:
The Constitutional period is considered one of the most readable historical chapters of Iranian society in terms of the influence and being influenced by traditional and modern intellectual spheres. While the Constitutional Revolution was a response to the needs and conditions prevailing in Iran, it was the result of a process of growing intellectual transformations that entered Iran from the Western world and, in a deconstructive form, imposed a new logic on the political and social relations of Iranian society. The relationship between Shiite religious thought and the new political system and thought, which emphasized indicators such as rationalism, science, law, constitutional rights, etc., was among the important questions facing religious thinkers. Reflection on this question and similar ones created a period of intellectual modernism and, in a sense, a religious re-creation. A wide spectrum of Shiite scholars attempted to find a way to explain and provide a jurisprudential explanation for the constitutional government; Allameh Mirza Na'ini was one of the most prominent among them, who in his famous work attempted to answer various questions surrounding constitutionalism in an argumentative format. Among these, one of the important questions was the subject of law and legislation by the Majlis and its relationship with Sharia. The present article attempts to discuss and examine this subject from the perspective of Allameh Na'ini.
خلاصه ماشینی:
" His extensive efforts, as one of the renowned jurists of his era, in explaining the compatibility of the religious theoretical foundations of Shiite jurisprudence with the foundations of constitutionalism, are of fundamental importance; while accepting the ancient and firm Shiite thought regarding the exclusive right to government and the guardianship (Wilayah) of the Infallibles(a), Na'ini introduces Islam and Shiism as inherently opposed to despotism, degradation, and the disregard for people's rights, and adds that during the era of Occultation, from the perspective of scholars and jurists, and with regard to the necessity of ensuring justice and equality, limiting the power of the government is necessary, and he substantiates this with jurisprudential evidence.
In his theory, while preserving the traditional and creedal foundations of Shiism, Na'ini viewed the category of state and social management from a new perspective and, for the first time, attempted to extract concepts such as constitutional rights, the discussion of political freedoms, equality, law, legislation, and the like—which were considered part of the modern political literature of the world—based on jurisprudential and principles of jurisprudence arguments from Islamic texts.
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