جستجوی مقالات مرتبط با کلیدواژه « sovereignty of religious law » در نشریات گروه « فقه و حقوق »

Rule of law is a multi aspect, complex and developing theory that during the fluctuation of history from ancient Greece until today have been exposed with variety concept and conceptions. Once it has been defined as the equity before the law and also sometimes it has been introduced against the monarchy. Sovereignty of religious law also means the sovereignty of divine law over the people. This thesis intends to survey the relationship between Sovereignty of religious law and rule of law in applying method of legislative, executive, and judicially powers through Islamic Republic Iran legal system This paper intends to survey the relationship between Sovereignty of religious law and rule of law via considering the Islamic Republic Iran judicial system through judge’s documents before judgment rendering and their documents to abstain from governmental regulation performance.

The Survey of Relationship between Rule of law and Religious law is a controversial topic; this study is more highlighted when it is done regarding constitutional revolution which is resultant of coalition between religious and modernist sides of society. Religious persons were supporting constitutional revolution because of their special motivations such as achieving the good governance in order to executing the religion commandments, and cutting the strangers interference; while the modernists were fighting for realization of the concepts such as constitution, freedom, and finally modern state establishment. Constitution event which resulted in transition from traditional period to modern period and reinforcement of people role in decision making procedures is an intellectual challenging subject; power structure before Constitution revolution was completely traditional, but after that because of law orientation and parliament centrality matters, especially limiting the king powers leaded to deep disagreements which resulted in different theory generation about probability of coexistence between tradition and modernity or their manifestations such as religion and law. This paper intend to Survey of Relationship between Rule of law and Sovereignty of Religious law in constitutional legal system.