Document Type : Research Paper

Author

• Amir Mohajer Milani

Fiqh and Law Department of Women and Family Research Institute

Abstract

Tabatabaei believes that religious reform in Sharia-oriented Islam is possible only in the realm of law and by transforming Sharia law into a new and historical legal system. This transformation provided the conditions for the interpretation of the text of Sharia-oriented law, based on the new legal theories emerging from the philosophy of modern law, in the continuation of the emergence of the "new of the old" and the elimination of the "old of the old" and as a result the realization of modernity which tekes place in the Iranian society. According to him, the constitutionalism movement in Iran, with the transformation it created in the logic of understanding religion and the transformation of Sharia law into modern law and the formation of a new legal system, is an example of this model in the position of "opinion in practice". This research presents a coherent narrative of Tabatabai's complex theory with the documentary method and content analysis, and then criticizes it. Tabatabai's theory, despite its great power in explaining changes in Iranian thought, faces some problems such as seeing history as a linear evolutionary theory, comparing two incommensurable things and understanding the nature of the constitution in a one-dimensional way.

Keywords

• Religious reform
• Secularization
• New and old conflict
• Legitimate constitution
• Reform of religious knowledge

Main Subjects

• Public Law