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A Genealogy of Shaykh Fazlullah Nouri’s Political Thought of in the Constitutional Movement: From Justice-Seeking to the Sharia-Centered Theory | ||
| Islamic Political Studies | ||
| مقالات آماده انتشار، پذیرفته شده، انتشار آنلاین از تاریخ 28 آذر 1404 | ||
| نوع مقاله: Original Article | ||
| شناسه دیجیتال (DOI): 10.22081/jips.2025.73642.1097 | ||
| نویسندگان | ||
| seyed ebrahim masoumi* 1؛ mohsen mohajernia2؛ fatemeh mohajernia3 | ||
| 1Assistant Professor, Department of Islamic Studies, Faculty of Literature and Foreign Languages, University of kashan, Kashan, Kashan, Iran | ||
| 2Associate Professor, Department of Politics, Qom Institute of Islamic Culture and Thought, Qom, Iran | ||
| 3PhD student in Educational Management, Islamic Azad University, Qom Branch, Qom, Iran | ||
| تاریخ دریافت: 14 آذر 1404، تاریخ بازنگری: 28 آذر 1404، تاریخ پذیرش: 28 آذر 1404 | ||
| چکیده | ||
| The political thought of Shaykh Fazlullah Nouri regarding the Constitutional Revolution of Iran can be analyzed as a resilient ijtihad aimed at the Islamization of the new governmental structure. This study, by tracing his political and intellectual roots in the fundamental principles and rules of Shia jurisprudence, demonstrates that Shaykh Fazlullah Nouri's transformative stance stemmed from the requirements of jurisprudential inference and the safeguarding of Sharia. The theoretical framework of this research rests on three key pillars: first, an emphasis on the exclusive sovereignty of Sharia and the prohibition of human legislation; second, insistence on the oversight of the jurists over the legislative process as a constructive solution to ensure the Sharia compliance of enacted laws; and third, reliance on the principle of nafy al-sabīl (denial of non-Muslim dominion) as a central tenet of resistance against colonial domination. Despite his profound understanding of the oppression of despotism and his initial support for justice-seeking, upon witnessing the infiltration of Western secular concepts into the constitutional drafting and legislative process, Nouri redirected his position toward advocating for the Sharia-centered Constitutionalism. He viewed legislation without Sharia oversight as a clear violation of the prohibition against unlawful legislation, a duty stemming from the jurist’s responsibility to protect the faith. This jurisprudential insistence ultimately led to the establishment of the second article of the supplementary constitutional law. In conclusion, Shaykh Nouri’s position against the Constitutional Revolution was an active, courageous, and ijtihad-based effort to preserve the sovereignty of Sharia and the religious authenticity of the political system in the face of the fundamental challenges of modernity and colonialism, providing the foundation for contemporary Shia political thought in relation to the establishment of new political systems. The Iranian Constitutional Movement stands as an unparalleled turning point in the history of the country’s political and social developments, a movement that began with the aim of seeking justice and placing limits on the despotism prevailing at the Qajar court. The political thought of Shaykh Fazlullah Nouri has remained central to intellectual attention and controversy owing to the dramatic transformation it underwent—from initial support to resolute opposition to the ultimate course taken by the Constitutional Revolution. The primary question is this: should Shaykh Shaykh Fazlullah Nouri’s stance be regarded merely as political opposition, or ought it to be understood as a jurisprudential and ijtihad-based endeavor to Islamize the new governmental structure? Clarifying this stance requires a profound intellectual genealogy that traces the roots of his thought within the edifice of Shiite jurisprudence (fiqh). The significance of such a study lies in its challenge to the simplistic dualistic paradigm (mashrūʿa versus mustabidda, i.e., “Sharia-based constitutionalism” versus “despotic”) commonly applied to the Shaykh’s activism. Instead, it interprets his position not as opposition to the principle of constitutionalism itself (that is, the restriction of the monarch’s power), but rather as a protest against the lack of legitimacy in the foundational bases of its legislation (Kamali, 2009, p. 120). This study seeks to demonstrate that Shaykh Nouri’s thought emerged from the heritage of Uṣūl-based jurisprudence and an unwavering conviction in the sovereignty of divine sharia. On the basis of his own principles of ijtihad, he regarded human legislation that was independent of sharia—particularly when inspired by Western concepts such as absolute freedom and secular equality—as constituting forbidden, non-Sharia-based law-making (Ghasemi, 2001a, p. 45; Katouzian, 1999a, p. 100). It was for this reason that the theory of “mashrūṭa mashrūʿa” (constitutional government bound by sharia or Sharia-based constitutionalism) was put forward as Shaykh Fazlullah’s positive, constructive proposal. This theory, while restricting the monarch’s powers through the National Consultative Assembly (Majlis), insisted on the higher supervisory authority of fully qualified jurists (fuqahā) over parliamentary legislation in order to guarantee the complete conformity of all laws with sacred Sharia rulings. This jurisprudential insistence ultimately led to the inclusion of Article 2 in the Supplement to the Constitution, although in practice the article was never properly implemented (Mojtahedi, 2004b, p. 245). The main research question in this article is the following: how does Shaykh Fazlullah Nouri’s stance against a non-Sharia-based constitutionalism come to be articulated as an endeavor to safeguard religious authenticity? The hypothesis proposed in this article holds that Shaykh Fazlullah Nouri’s position was that of a Muslim jurist (faqīh) deeply committed to the sharia, who feared that the Constitutional Movement would deviate into an instrument of secularism and colonial domination. | ||
| کلیدواژهها | ||
| Sharia-based Constitutionalism؛ Shiite jurisprudence؛ jurists’ oversight؛ despotism؛ secularism؛ colonialism | ||
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