The Effect of Legal Thoughts on the Formation of Constitution in Islamic and Western Law with an Emphasis on the Shahid Beheshti Thought

Abstract

Constitution is the most important document in the legal and political communities. In this article, the basis of jurisdiction and authorities and their fundamental rights will be elaborated. Legal theories played a great role in the formation of such an important document. The authors studied comparatively on influences of legal thoughts in Islam and the West on the formation of constitutions. So we analysis the Western European tradition: the ideas of Aristotle, Montesquieu, Jean Jacques Rousseau and John Locke…then the opinions of Muslim thinkers like, Abu Nasr Farabi, Allama Naini, Sheikh Fazlullah Nuri, al-Sadr has been analyzed. Finally, the influence of Shahid Beheshti ideas and opinions on the constitution of the Islamic Republic of Iran has been explained. The basic assumption of this article is based on the belief that the formation and modification of the basic rules of governance are directly influenced by government and state Theories.

Keywords

• keywords: constitution
• legal thoughts
• shahid beheshti thoughts
• constitutional law
• islamic law
• western law