Document Type : Research Paper


, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran


The new draft law in Iran has been introduced in various forms in contemporary history, among which two influential approaches are the views of Mustasharadullah and Mirza Naeini. Beyond the translation of mere foreign legal fertilizers, Mustasharadullah has paid attention to the preconditions for the implementation of the law in Iran and based on the spirit of the new law, which in his view is reflected in the principles of French human rights, he seeks to re-read the religious material in the light of modern reason. On the other hand, Mirza Naeini, by trying to re-read the constitutional thought within the framework of the ancient tradition, formulates the law in accordance with the Shari'a and, using the capacities of jurisprudential ijtihad, calendars new concepts under traditional intellect. It seems that Mustasharadullah, with an understanding of the new intellect and transcending the requirements of the traditional intellect, intends to establish the law and seeks to transfer it from the Shari'a to the law, while Mirza Naini, It seeks to formulate the law based on the sharia system of thought and therefore considers the law as a function of sharia.


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