Document Type : Article
1 PhD. Student, Faculty of Law, College of Farabi University of Tehran, Qom, Iran
2 Assistant Professor, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
The concept of law, in its modern sense, entered the Iranian intellectual discourse more than two centuries ago, and from the very beginning became a rival to sharia which was the ultimate legal order of Iranian society since the dawn of Islam. Many Iranian scholars tried to resolve the conflicts between the two. One of the most prominent works on this topic is Mirza Yousef Mostashar-Al-Dawlah’s “Risalah Yek-Kalameh”. Reading this book is at once easy and difficult, so much so that there have been many interpretations of the author’s intentions. This study will attempt to critically analyze the three major interpretations of “Risalah Yek-Kalameh”. The results of the study indicate that Mirza Yousef Khan failed to solve the conflict between sharia and law, because he did not understand the exact meaning of those concepts and their limits.
- A) Books
- Abadian, Hossein (2009 A), Old Concepts and New Thought; A Theoretic Introduction to Iran Constitutional Revolution, Tehran: Kavir (In Persian).
- Abadian, Hossein. (2009B), The Crisis of Conscious and Formation of Iranian Intellectualism, Tehran: Kavir (In Persian).
- Adamiyat, Fereydoun (1961), The Idea of freedom and the beginning of the Constitutional Movement of Iran, sukhan (In Persian).
- Islami, Reza (2015), An Introduction to Fiqh, Qom: Howzeh Management Center (In Persian).
- Asil, Hojatollah (2015), Mirza Malcom Khan Mostashar Al Dowleh’s Booklets, Tehran: Ney (In Persian).
- Bigdeli, Ataollah (2015), Jurisprudence, Tehran: Eshragh Institution (In Persian).
- Haghdar, Aliasghar. (2004), Porsesh Az Enhetate Iran-Bazkhaniye Andishehaye Doktor Seyyed Javade Taba Tabayee, Tehran: Kavir (In Persian).
- Davari Ardekani, Reza (1986), Revolution and Nationalism, Bureau of Researches and Cultural Planning of Ministry of Culture and Islamic Guidance (In Persian).
- Rousseau, Jean-Jacques (1962), Social Contract, Gholamhossein Zirak Zadeh, Tehran: Chehr Publication (In Persian).
- Seyyed Javad Tabatabai. (2013 A), On Iran: Tabriz School and Basis Of Modernity, Tehran:, Minooy-E-Kherad (In Persian).
- 11. Tabatabai, Seyyed Javad (2013 B), On Iran: The Theory of Constitutionalism in Iran, Tehran: Minooy-E-Kherad (In Persian).
- Ameri, Hamed (2015), Modernity and Legalism, Tehran: Negah-e-Moaser (In Persian).
- Gorji, Abolqasem (2015), History of Fiqh And Faqihs, Tehran, The Organization for Researching and Composing University Textbooks in The Humanities (SAMT) (In Persian).
- Moradkhani, Fardin (2017), Legal Reading from Iran Constitutional Revolution, Tehran: Mizan Legal Foundation (In Persian).
- Mostashar-Al-Dowleh, Mirza Yousef Khan. (2014), One Word and Two Critical Attachments, Amir Hakimi, Digital Copy (In Persian).
- Nayini, Mirza Mohammad Hasan (2014), Tanbih-Ol-Omma Va Tanzih-Ol-Mella, Seyyed Javad Varaei, Qom: Bustan Ketab (In Arabic).
- B) Articles
- Kant, Immanuel (1996), “Answer to the question: what is enlightenment?”, In what is enlightenment: eighteenth-century answers and twentieth-century questions, translated by James Schmidt, California, university of California press.
- Rasekh, Mohammad. (2007), “Modernity and Religious Law”, Name-Ye-Mofid, Vol.64 (In Persian).
- Rasekh, Mohammad & Bakhshi Zadeh, Fateme (2014), “The Concept of Law in The Age of Iranian Constitutionalism: Early Writers”, Legal Research Quarterly, Vol.68 (In Persian).
- Moradkhani, Fardin & Zarei, Mohammad Hossein. (2014), “Familiarity of Iranians To the Concept of Parliament (Discussion on Foundations)”, Legal Research Quarterly, Special Issue No.12.
- Tabatabai, Seyyed Javad. (2003), Region of Power of Religion in Iranians Social Life, Talash In Germany, Vol.11 (In Persian).
- Gharadaghi, Masomeh (2004), “Life and Thoughts of Mirza Yousef Khan Mostashar-Al- Dowle"h”, Allame, Vol. 1 & 2 (In Persian).
- Madadpoor, Mohammad (2000), “Intellectualism, Past, Present and Future”, Islamic Social Researches, Vol.25 (In Persian).
- Mansourabadi, Abbas; Mousavi Asl, Seyed Saied (2016), ‘‘Cartesian Concept of Natural Law Follows the Evolution of Subjectivity’’, private law, 12(2), p 205-231 (In Persian).
- Mousavi Asl, Seyed Saeid (2018), “The Subjective Approach To Law In The Philosophy Of Kant”, Hekmat-e-Islami, Vol.5, No.1 (In Persian).
- Nelson, Brian. R, (2006), The making of the modern state a theoretical evolution, New York, Palgrave Macmillan.
- Vatandoost, Gholamreza (2003), “Political Thought of Mirza Yousef Khan Mostashar-Al-Dowleh And Iran Constitutional Revolution”, In: Sanjari, Azarme, Tribute of Ayatollah Mohamamd Kazem Khorasani Conference Proceedings, Tehran: Publication of University of Tehran, pp. 343-353 (In Persian).
- Yarmohammadi Touski, Maryam (2013), “A Sociological Analysis the Intellectual Discourse of Modern Identity Thinking on The Vote of Seyyed Javad-e-Tabatabaii”, Social Science (Mashhad Ferdowsi University), Vol.10, No.1 (In Persian).