The viewpoint of the religious scholars for the approval and implementation of the conscription (With emphasis on votes Martyr Modarres and Haj Aqa Noorollah Esfahani) (1915-1941)

Type : Research Article

Authors

1 Assistant Professor, Public and International Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

2 Ph.D. Candidate in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

During the Qajar era, conscription entered the Iranian legal system, in imitate Europe in order to strengthen the defense and build a strong army. The operation of Religious scholars with conscription’s approval and implementation were different; most scholars including the Imam Jome Khuee and Martyr Moddares was Agree and also support the Approval of conscription’s law. But some scholars including Haj Aqa Noorollah Esfahani and Mirza Sadiq Tabrizi apparently disagree with Implementation of this law. These two different positions raise the question: what was the view of the Religious scholars towards this law and what jurisprudential reasons did they have. This article for responding this question investigate this issue with an analytical and descriptive method and concludes that Religious scholars didn’t have any religious disagreement with conscription but they also supported its approval and implementation. But the disagreement by some scholars that has been reported during the implementation of this system, was aimed at combating Reza Shah's anti-religious policies by cover of conscription and coordinate people against him. People's unfamiliarity with the new system, Reza Shah's mastering on the army and using it for anti-religious purposes, are the other reason of religious scholars' disagreement.

Keywords

Journal of Islamic Law Research
Volume 21, Issue 2 - Serial Number 52
September 2020
Pages 517-538

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  • Received: 03 June 2020
  • Revise: 29 August 2020
  • Accepted: 18 September 2020

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