Research and Development in Public Law

Research and Development in Public Law

Mirza Naini and the Birth of Modern Concepts in the Legal-Political Literature of Iran: A Reading of Tanbīh al-Milla wa Tanzīh al-Umma

Document Type : Original Article

Author
Abstract
Mirza Mohammad Hossein Naini stands as one of the most influential juridical-political thinkers of the Constitutional era, playing a decisive role in the conceptual transformation of law and politics in Iran. This article investigates how Naini without explicitly engaging with Western political philosophy reformulated modern legal and political concepts within the framework of Shia jurisprudence, and examines how this reformulation facilitated the transition from traditional interpretations to the requirements of a modern political order. Employing conceptual analysis and an interpretive-critical reading of Tanbīh al-Milla wa Tanzīh al-Umma, this research situates Naini's textual evidence within the broader context of the Constitutional Revolution. Preliminary findings suggest that Naini’s thought signals a significant conceptual transition through several key frameworks: a non-deterministic view
of history; the demarcation of the "religious domain" (*al-amr al-dīnī*) from the "national domain" (*al-amr al-waṭanī*) as the basis for the public sphere; the formulation of "type-based common rights" (*ḥuqūq-i mushtaraka-yi nawʿiyya*) rooted in the distinction between right (*ḥaqq*) and ruling (*ḥukm*); the principle of political equality; the negation of inherent sovereign authority; the conceptualization of mustaghirīn as a form of political immaturity; the implicit acceptance of the separation of powers; and an emphasis on collective organization via "legitimate scholarly associations" (*anjuman-hā-yi ṣaḥīḥa-yi ʿilmiyya*).
Ultimately, this article argues that Naini was a transitional, trend-setting thinker who forged a link between traditional jurisprudence and modern political imperatives through the endogenous recreation of modern concepts. Consequently, Tanbīh al-Milla wa Tanzīh al-Umma should be viewed not merely as a defensive treatise supporting constitutionalism, but as a foundational theoretical text in the formation of a new political jurisprudence in Iran.
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