"Religious and Political Figures (Rijal)" as a Dominant Clause in Principle 115 of the Constitution of the Islamic Republic of Iran

Document Type : Original Article

Author

Associate Professor of Islamic law in Semnan University, Semnan, Iran.

10.29252/jlr.2021.220896.1870

Abstract

According to the first part of Article 115 of the Constitution of the Islamic Republic of Iran, the President must be elected from among the qualified religious and political figures (Rijal). The question that arises when interpreting this principle is, firstly: does the word man mean only the masculine gender or both sexes? According to the second possibility, the figures (Rijal) will be religious and political, not necessarily male. But according to the first one, which is also confirmed by the principle of Haghighat, we believe that the meaning of this word is related to the current adjective, therefore, it has no effect on the necessity of being a presidential candidate. Finally, assuming that the meaning of the word man remains obscure, in more than one definite case, the practical principle prevails, the result of which is the license of the women's presidency. This article, while studying the process of approving of this principle, by analyzing the current adjective and matching it with the words in the phrase "religious and political man", has analyzed the meaning of this principle from the perspective of knowledge of the principles of jurisprudence.

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History

  • Receive Date: 10 March 2021
  • Revise Date: 05 May 2021
  • Accept Date: 20 June 2021

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