نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق خصوصی دانشگاه ادیان و مذاهب، قم، ایران
2 سطح 3حوزه علمیه قم، قم، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
Although Iran’s Civil Code has been formulated as a modern legal system, it remains deeply rooted in Imamiyya jurisprudence. A precise understanding of many of its articles is impossible without recognizing the jurisprudential foundations that influenced the legislative process. Among these, the role of Sayyid Mohammad Kazem Tabataba’i Yazdi and his book Al-Urwa al-Wuthqa in shaping certain provisions and structures of the Civil Code, despite its importance, has rarely been studied independently and methodically. The main question of this research is to examine the extent and manner in which Yazdi’s jurisprudential opinions influenced the drafting of Iran’s Civil Code and to explain the implications of this influence for the interpretation of legal provisions.
The significance of this discussion lies in the fact that the Civil Code was drafted at a time when many of its codifiers belonged to the pro-constitutional movement, whereas Sayyid Tabataba’i Yazdi was known as an opponent of constitutionalism in the political atmosphere of that period. Nevertheless, his scholarly authority and jurisprudential standing were so extensive that his opinions were reflected in parts of the Civil Code.
This research employs a descriptive-analytical method, relying on a comparative study between the articles of the Civil Code and jurisprudential texts, particularly Al-Urwa al-Wuthqa. The findings show that some provisions of the Civil Code have no clear precedent in the famous jurisprudential texts predating Yazdi, and their first refined formulation appears in Al-Urwa al-Wuthqa. Additionally, in several other articles, the legislator, by choosing flexible interpretations, has sought to reconcile the well‑known views of jurists with Yazdi’s specific analysis. Accordingly, the article concludes that in cases where such influence is established, referring to Al-Urwa al-Wuthqa and Yazdi’s intellectual foundations can play an effective role in discovering the legislator’s intent and in interpreting the articles of the Civil Code more accurately.
کلیدواژهها English