نوع مقاله : دولت سازی اسلامی
عنوان مقاله English
نویسندگان English
The Constitution of the Islamic Republic of Iran, as the nation's covenant and supreme legal-political document, reflects the foundations and structure of the state in this country. Employing thematic analysis and focusing on key articles related to sovereignty, legitimacy, guardianship (velayat), religious supervision, and the rights of the people, this study seeks to answer: "How is the jurisprudential nature of the state articulated in the Constitution?" The hypothesis is that the Constitution represents the state not as a conventional-legal entity, but as a "jurisprudential system" in which Shi'a jurisprudence serves as the overarching framework of governance. The findings reveal five main themes: Divine sovereignty (the unconditional source of legitimacy), the Guardianship of the Jurist (the executive-interpretive pillar), religious supervision (the mechanism ensuring laws comply with Sharia), the expediency of the system (a tool for jurisprudential flexibility), and the subordinate role of the people (a secondary source of legitimation). These themes are organized within a jurisprudential hierarchy, at the apex of which stands Divine sovereignty, while the rights and will of the people occupy the lowest rank. The conclusion is that the state in the Islamic Republic is a "jurisprudential state," all of whose pillars derive from and gain meaning within Shi'a jurisprudence. This finding deepens the theoretical understanding of Iran's political system and provides an analytical framework for comprehending recurring crises of legitimacy, participation, and efficiency.
کلیدواژهها English