:: Volume 2, Issue 7 (1-2011) ::
مطالعات تاریخ اسلام 2011, 2(7): 7-24 Back to browse issues page
The Balance of Shar’ and ‘Urf in the Legal System of Qajar Period
Hossein Abadian
Abstract:   (1924 Views)
The history of each nation forms in specific cultural conditions; these conditions reflect the social, political and legal system which belongs to that nation. Traditions, customs, rituals and a collection of values can be definite in this cultural framework. This study tries to show that the dominant discourse in Iran since Qajar dynasty has been under the influence of juridical system of thought; this system has had a decisive role in formation of the Qajar Period and even the Reza Shah legal system. To respond the question on affection of juridical warrants upon the legal system of Qajar  its and the relation between juridical warrants and common law (‘Urf), this study will use the method of analyzing the main sources of this period. Logic of discourse is the main method of this study; this study will try to discuss a historical subject according to main references. The purpose of this study is that during Iran contemporary history the Shariah and its warrants have been presented in all of  the individual and social aspects of Iranian lives and the significant presence of the Shariah in Iranian communities can be distinguished in the legal system of that period. Each development in the structure of Qajar legal system has been under the influence of dominant tradition; this criterion can be extended to other individual and social aspects of Iranian costumes and values at that time.
Keywords: Qajar Iran, Shar’ (Shariah), ‘Urf, Legal System, Antique & Modern, Dominant Culture
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Type of Study: Research | Subject: Islamic History
Received: 2017/08/30 | Accepted: 2017/08/30 | Published: 2017/08/30

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Volume 2, Issue 7 (1-2011) Back to browse issues page