Critical Reassessment of the Concept of Separation of Powers in the Legal-Political Thought of Imam Khomeini

Document Type : Original Article

Authors

1 Ph.D. Student in criminal law and criminology, Faculty of Law and Political Science, shiraz university, shiraz, Iran

2 Assistant Prof., Department of Public Law, Faculty of Law and Political Science, shiraz university, shiraz, Iran

Abstract

The idea of Islamic governance as proposed by Imam Khomeini fundamentally aligns with the practical wisdom of tradition; however, it is effectively shaped by concepts developed within the context of classical political thought and modern state theory, including the separation of powers as an unconditional framework. This matter transcends mere historical reality and relates to the identity and demands of the modern world, as well as its relationship with tradition and the possibilities it presents in this regard. Therefore, the question arises as to how the contradiction in understanding the nature of modern concepts and their relation to tradition has influenced Imam Khomeini's perception of the true identity of the separation of powers. Specifically, it examines how a lack of understanding of the modern nature of concepts and structures within the framework of new political thought complicates the engagement with modern literature, leading to misunderstandings regarding the true identity of elements and relationships in the modern world. Ultimately, this study, based on an analytical-explanatory method and utilizing library and citation methodologies, aims to critically reassess Imam Khomeini's political-legal thought. It seeks to demonstrate that neither the fundamental questions of Imam's political thought nor his responses to these questions align with modern political thought and its foundational inquiries. Consequently, the separation of powers in Imam Khomeini's thought fundamentally differs from its modern interpretation in contemporary political theory. Although it appears that Imam accepted the separation of powers in its common meaning, one cannot claim that he fully understood and accepted the principle of separation of powers in the precise sense of modern political thought.

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References

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History

  • Receive Date: 28 May 2024
  • Revise Date: 15 February 2025
  • Accept Date: 07 April 2025

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