Jurisprudential - Historical Analysis of the Positions Akhund Khorasani and Sheikh Fazlullah Nouri on the Encounter of the Constitution

Document Type : Original Article

Authors

1 Associate Professor, Department of Islamic Jurisprudence and Law, Payame Noor University of Tehran, South Branch (Corresponding Author)

2 Professor, Department of Jurisprudence and Law, Tehran University

3 PhD Student in Islamic Jurisprudence and Law, Payame Noor University of Tehran, South Tehran

Abstract

The Constitutional Movement is one of the most sensitive historical events of the Iranian nation, during which the foundation of authoritarian rule of the Qajar kings was dismantled and the Constitutional Government was stablished. But one of the facts that has shown itself throughout the history of the Constitutional Movement, is the difference between pro-Constitutional scholars on the one hand and anti-Constitutional scholars on the other. This difference went so far that among the supporters of the Constitution, Akhund Khorasani considered the opposition to the Constitution as a war against the Imam Mahdi (A.J.). On the other hand, Sheikh Fazlullah Nouri, as the leader of the opposition to the Constitution, called the supporters of the Constitution apostates. This study seeks to show, based on the surviving statements and writings of Akhund Khorasani and Sheikh Fazlullah Nouri, that the support or opposition of each of these great men refers only to their differences in thematics on the issue of the "Constitution", "Law" and "Freedom".

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