Investigation of the Position of the Political Modernity in the Constitution of the Islamic Republic of Iran

As the most important legal text, the constitution determines the behavioral and institutional framework in the Islamic Republic of Iran. On the other hand, one of the causes of the Islamic Revolution for the originators and the legislators is the issue of society and individuals’ independence and freedom in the face of the government. Therefore, the present study aims to investigate the position of civil society and the rights of individuals from the political modernity point of view. To do so, the main research question is, “what is the position of the political modernity components in the constitution of the Islamic Republic of Iran?”. It is a descriptive-analytical study. The data has been collected by the library and documentation methods. The Islamic Revolution discourse has tried to establish the political order under the political Islam discourse, which implements the Islamic and religious teachings in society and somehow directs the society towards spiritual and divine development. It brings about otherworldly prosperity for the concept of citizenship. On the other hand, according to Maurice Barbier, political modernity is based on the structural separation of the government, civil society, and the individual. In other words, modernity, in its political aspect, is based on respecting each mentioned component. The findings indicate that the components of civil society and the rights of individuals have been emphasized in the legal system of the Islamic Republic of Iran.