چکیده:
Various opinions have been expressed by researchers regarding how religious scholars of the Constitutional era confronted the socio-political concepts of the West, which manifested under the title of the Constitutional system. Some of these researchers explicitly or implicitly argue that the lack of proper understanding by religious scholars and their neglect of the themes inherent in the articles of the Constitutional law led to their acceptance of the constitutional system. In this article, we aim to show that the scholars' awareness of the benefits of a rule-of-law system, the necessity of renewing power against despotism, and generally a realistic approach to the prevailing circumstances, caused their support for this movement. Of course, we admit that these scholars did not have a complete and full understanding of the new political and social concepts of the West. However, before explaining and clarifying our claim, we review the views of Fereydoon Adamiyat, Abdol Hadi Haeri, Hamed Algar, and Ahmad Kasravi on this matter.
خلاصه ماشینی:
In this article, we aim to show that the awareness of religious scholars regarding the advantages of a rule-of-law system, the necessity of limiting autocratic power, and generally a realistic approach to the prevailing circumstances, caused their support for this movement.
Keywords: Constitutionalism-Religious scholars-Political concepts-Social concepts-The West (*) Faculty member of Tarbiat Moallem University of Azerbaijan Introduction Most researchers of contemporary Iranian history argue that the positive encounter of the scholars of the Constitutional era with the concepts of democratic government, which manifested in the form of the constitutional state in Iran, resulted from ignorance and a lack of understanding of these concepts and is, in a sense, indicative of the oversight of these religious scholars.
In this article, it is claimed that the emergence of the constitutional government in Iran could be approved by religious scholars for three reasons, which are: 1- A realistic approach to the Constitutional movement, 2- Limiting autocratic power, 3- The constitution and the rule-of-law system, Theories of Constitutional Researchers 1- Adamit, while criticizing religious reformers and intellectuals such as Sayyid Jamal, who interpreted constitutionalism as the essence of Islamic consultation (mashwarat) and the social contract as allegiance (bay'ah) and consensus (ijma), and considered republican government compatible with the principles of Sharia, writes: "All those interpretations were meaningless.
Almost all constitutionalists also agreed on this point that the laws of Mashruteh must be based on Sharia; even after the realization of Mashruteh, when the nature of the laws became clear, the support of the scholars for constitutionalism remained strong.
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