Contemporary Political Studies

Contemporary Political Studies

The relationship between law and tradition in Allameh Naini's political thought

Document Type : .

Authors
1 PhD student in political science. Political Thought Orientation. Takestan Branch Iran.
2 Assistant Professor of Political Science, Islamic Azad University, Takestan Branch, Iran., Takestan, Iran.
3 Assistant Professor of Political Science, Azad University, Takestan Branch, Iran.
4 Assistant professor and faculty member of political science department of Takestan Brancht, islamic Azad University, Takestan,Iran
10.30465/cps.2025.46221.3239
Abstract
In the fifth decade of theocracy in Iran, the relationship between religion and tradition, as well as the customary law, and how society is governed has been raised more than ever before. In particular, religious tradition has faced new challenges and ambiguities in the era of globalization. Of course, it must be said that one of the most influential challenges in Iran's contemporary history has been the challenge of the interaction of Sharia and tradition with democracy and issues such as law, people's sovereignty, and equality. Given the hegemony of tradition and undemocratic political culture in Iranian society, this issue faced various intellectual obstacles. Initially, great scholars and jurists such as Allameh Na'ini tried to respond to this interaction of democracy, including law, with the cultural characteristics of Iran. Naini tried to prove that constitutional principles such as freedom, equality, parliament, and separation of powers exist within the heart of Islamic law. In fact, he tries to adapt democracy and its components, namely the sovereignty of the people, law, equality, political freedoms, supervision, etc., to the framework of Sharia.
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