The Virtue of Justice in the Thought of Constitutionalism by Akhund Khorasani

The Virtue of Justice in the Thought of Constitutionalism by Akhund Khorasani

Akhund Mullah Mohammad Kazem Khorasani (1329-255 AH) stands as a distinguished figure among Shia jurists and a pivotal leader of the constitutional movement. He is esteemed not only for his innovative treatises and theories in jurisprudence, particularly concerning Shia legal principles, but also for his role as a leader of the religious constitutionalists. His political actions are best understood as manifestations of his comprehensive political thought system. Through his profound ijtihad, he adeptly aligned contemporary social issues with Islamic rulings, issuing pertinent and definitive judgments on each matter.

Among these pressing issues, the concept of justice emerges as particularly fundamental. While justice boasts a rich historical context within Islamic political jurisprudence, the complexities surrounding it in this era called for a redefinition of justice. Many jurists of the time interpreted justice as the unconditional equality of individuals in society, thereby deeming it incompatible with the principles of reason and religious law. In contrast, Akhund conceptualized justice as a vehicle for liberation from the shackles of despotism. He posited that, within the framework of constitutionalism, it was possible to achieve maximum—if not complete—justice in society. This perspective would consequently foster notions such as the security of the subjects, the safeguarding of borders, emancipation from the bonds of tyranny, and the prevention of foreign aggression. Throughout the constitutional movement, which he viewed as a tangible endeavor rather than a mere abstract ideal, he asserted that the essence of justice and equality resided in the equitable "execution" of justice among the populace.

Shideh / M. Sadeghani