چكيده لاتين :
The acquaintance of Iranians with the political and judicial systems of Europe (in the 13th
century AH / 19 AD) and witnessing the status of the law with their efforts in the
constitutional era was fruitful. But the challenge between sharia and custom and the
cumbersome rules of capitulation led to the emergence of the idea of judicial reform through a
new issue called the dissolution of the beginning and the pursuit of the press and its writing.
Assuming the reliance on this article, the majority of them opposed the judiciary by taking
common positions. and by expanding public awareness, they made it possible to achieve a
new judiciary. The findings of this study, based on the content analysis method, showed that
Davar, with the support of Reza Shah, the parliament, and the press, was pursuing two main
goals: removing clerics from the judiciary, and renovating of judiciary based on Western
civilization. He succeeded in renovating the administrative organization, registering
documents and real estate, and drafting civil law. But he was incapable of harmonizing with
Islamic jurisprudence. The press was selected for gaining legitimacy, reflection of judicial
dissolution, alignment with Reza Shah's projects, and support for Davar, in the context of
events and theorizing of judicial modernization and the inadequacy of the limited main
resources of this period.
Introduction
Iran's military defeat of Russia at the turn of the century (13 AH/ 19 AD) and the establishment
of a system of capitulation and expansion of relations with Europe and witnessing the
civilizational gap, faced the Iranians with a serious problem of backwardness. The solve this
problem, the intellectuals of the government appealed to the notion of the rule-based
government. Thus, the attempt to change the way of governing with the dynamism of justice led
to the Constitutional Revolution, which not only challenged religious beliefs but also led to the
emergence of enlightened tyranny by not responding to the demands of the people and insecurity. Davar, with the support of Reza Shah and the press, succeeded in abolishing capitulation as a
precondition for the dissolution of the judiciary and its reconstruction.
Material and Methods
This study is based on the analysis of the content of the speech, which is a repetitive and
valid inference from the hidden content of data and communication messages, and a realistic
understanding of the text of the widely-read press in agreement with judicial modernization.
Using first-hand sources, including books, the memories, and articles in the press of Reza
Shah's period, written by officials, press managers, deputies, negotiators, and laws passed by
the parliament, the study investigated the dissolution of capitulation, the judiciary, and the
press.
Discussion and Results
The Qajar judicial system, based on custom and law, was ruled by the Shah and Mujtahidin
without borders and with abrogated and obsolete rulings in the hands of the people until the
first decade of Naserite Period.
The first step in judicial reform in Iran began with the trial of Abbas Mirza. Mirza Taghi
Khan (AmirKabir) continued this practice by removing torture and removing the impunity
from its rulings. The structure of the judiciary was founded by Sepahsalar with the prohibition
of unjust punishment and the restriction of the powers of the rulers and the publication of the
newspaper Vaqaye Adlieh that led to the weakening of the sharia courts. But the Naseri's
dictatorship still lacked justice and law. Until the weakness of Muzaffar al-Din Shah and the
increase in the demands of the people led them to the Constitutional Revolution. Familiarity
with the laws of progressive nations and the publication of numerous newspapers as well as
critical views, the violence of Ayn al-Dawlah and the influence of the British and Ottoman
ambassadors persuaded the Shah to issue the constitutional decree. With the establishment of
the court of justice, sharia law re-emerged. It was expected that the judiciary would be
regulated by the constitution, but the Shah was still active. The intellectuals, by establishing
customary principles in the parliament, limited royal authority and challenged custom and
sharia. Eventually, this led to a conflict between the Behbahanis and the Ashtianis with Davar,
and ended with Behbahanis retreating. Although the process of secularization was pursued in
the era of Mushir al-Dawla, the Constitutional Judiciary faced many problems such as
inefficiency, ignorance of the people, and incompetence of the members of the parliament
because the parliament had taken the place of justice, which was protested by the deputies. It
reached the point where they did not obey the judiciary. It was, therefore, necessary for Davar
to correct it, which was influenced by European modernism and French and German law.
Reza Shah and Davar both sought to reform the judiciary like the European model. Therefore,
Davar, with the support of Reza Shah and the approval of special power by the parliament and
with the help of the press which was the only new means of communication after the
constitution, regularly informed the people about the various news and paved the way for
modernization.In favor of foreigners, Davar sought to abolish capitulation, which was a prerequisite for the dissolution of the judiciary. and the press best portrayed the dissatisfaction of the people by criticizing foreigners, capitulation, Qajarism, and traditionalism, as well as defining and praising Davar, that led to the revision of human resources (judges) and the enactment of civil law, which led to the removal of clerics from judicial positions and the severe restriction of sharia courts. Although the clergies' field of activity was limited to marriages and divorces, a number of influential scholars were able to maintain their position in the new judiciary and not only did they not lose their influence but also their prestige increased.
Conclusion
Davar with the support of Reza Shah, relying on the press and launching a wave of nationalist sentiments as the most effective tactic, persuaded public opinion and with the insistence of intellectuals and people's demands prepared the grounds for dissolution of the judiciary. He was influenced by Western laws and succeeded in modernizing justice, focusing on human development, drafting civil laws, and restricting the rule of law. But Reza Shah was unsuccessful in creating an efficient, independent, and inactive judiciary. He made expectations for the people that the Pahlavi government was unable to meet.
