religions Article Divine vs. Human Law: The Quarrel between the Anti- and Pro-Constitutionalist Jurists in Iranian Constitutional Revolution of 1906 Mehdi Mirabian Tabar Faculty of Philosophy, Philosophy of Science and Religious Studies, Ludwig Maximilian University of Munich, 80539 München, Germany;
[email protected] Abstract: This study investigated the quarrel between the pro-and anti-constitutionalist jurists following the establishment of the first National Consultative Assembly (Majlis) in Iran and the drafting of the first constitution in 1906. A group of shi\ite jurists launched an attack on Majlis, in addition to the ideas of human legislation, freedom, and equality, by considering the Islamic Shar¯ı\a law to be a set of perfect and impeccable laws. In response to these oppositions, the pro-constitutional jurists argued in favor of the constitutional movement. In this paper, it is argued that the quarrel could be considered as evidence for the perennial tension between the divine and human law in Islam. It appears that examining this conflict may shed light on incidents shaping the history of contemporary Iran. Keywords: constitutionalism; constitution; parliament; Islamic Shar¯ı\a law; human law; freedom; equality; Iran Citation: Mirabian Tabar, Mehdi. 2021. Divine vs. Human Law: The Quarrel between the Anti- and 1. Introduction Pro-Constitutionalist Jurists in In Iran, the nineteenth century, which coincided with the reign of the Qajar dynasty, Iranian Constitutional Revolution of was a period of profound changes in the economy, politics, and culture. As Abbas Amanat 1906. Religions 12: 630. https:// explained, “gradual awareness of, yet ambivalence toward, the West’s pervasive ways doi.org/10.3390/rel12080630 was at the heart of the Qajar experience.” (Amanat 1997, p.