The Semantic System of Law in the Thought of Iranian Anti-Constitutional Scholars

Mirali, Habib; Ameri Golestani, Hamed; Navidinia, Farzad; Jalalpoor, Shiva

doi:10.22059/jhic.2024.381665.654517

The Semantic System of Law in the Thought of Iranian Anti-Constitutional Scholars

Document Type : Research Paper

Authors

Habib Mirali ¹

Hamed Ameri Golestani ²

Farzad Navidinia ³

Shiva Jalalpoor ¹

¹ Department of Political Sciences, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran

² Department of Political Science, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran

³ Department of Political Science, Islamic Azad University, Andimshek Branch, Andimshek, Iran

10.22059/jhic.2024.381665.654517

Abstract

Understanding the thought of Iran's anti-constitutional scholars hinges on their "semantic system," which underpins their biases regarding key concepts of the period. This research examines this system in relation to the concept of law, a central theme of the era. Employing conceptual history, the study investigates the ideas that motivated these scholars' opposition to the constitution in both theory and practice. Their approach to the "new world" is a crucial component of this semantic system, offering insights into their understanding of other fundamental concepts. The relationship between the "old" and the "new" is fundamental to this system. Consequently, this research identifies several key propositions within the anti-constitutional scholars' semantic system that reveal their stance on law. These include: the central proposition of rejecting the intellectual achievements of Iran's "Political Modernization Experience," and the supporting propositions of: the completeness and sufficiency of Sharia law; Sharia as the sole legitimate law; the comparison of new lawmaking to the death of the Prophet; the immutability of law; and the characterization of "new" law as an abrogation of Sharia.

Keywords

Shariah

anti-constitutional scholars

law

constitution

semantic system

Subjects