بازتاب های انحلال عدلیه در مطبوعات دورﮤ رضاشاه (1304تا1306ش/1925تا1927م)

آشنایی ایرانیان با نظام‌های سیاسی و قضایی اروپا در قرن 13ق/19م و با مشاهدﮤ جایگاه قانون بود که پس از آن، تلاش‌های گستردﮤ ایرانیان در نهضت مشروطه به ثمر رسید؛ ولی چالش سنت و تجدد در قوانین عدلیه و تضاد شرعی و عرفی در قوانین دست‌وپاگیرِ در چنبرِ کاپیتولاسیون، باعث ظهور فکر اصلاح عدلیه شد. فکری که با ﻣﺴﺌﻠﮥ جدیدی به نام انحلال عدلیه در مطبوعات داخلی مدنظر قرار گرفت و تلاش‌های قلمی گسترده‌ای، در بازتاب تحولات سیاسی و...، برای حل آن آغاز شد. عدﻟﻴﮥ جدید، در جایگاه یکی از ارکان مشروطه، تحول مهمی بود که داور با همراهی مجلس و به‌ویژه مطبوعات کشور، زیر ساﻳﮥ حمایت رضاشاه آن را به وجود آورد. بنابراین مراجعه به مطبوعات، رکن چهارم مشروطه، خواننده را با فضایی آگاه می‌کند که داور در آن به این امر خطیر اقدام کرد. بررسی تمام نشریات از حوصله این نوشتار خارج است؛ ولی چند روزناﻣﮥ پرتیراژ، به مصداق مشت نموﻧﮥ خروار، انتخاب شده است که دیدگاه‌های رایج در آنان دربارﮤ این موضوع، به‌اجمال بررسی می‌شود. یافته‌های این پژوهش براساس روش تحلیل محتوا، بیان‌کنندﮤ این است که مطبوعات این دوره با چه تمهیداتی این ﻣﺴﺌﻠﮥ اجتماعی را از پیش رو برداشتند.

Reflections on Dissolution of Judiciary Administration in the Press of Reza Shah Era (1925-1927)

Abstract 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 rulebased 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 widelyread press in agreement with judicial modernization. Using firsthand 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 alDin 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 alDawlah 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 reemerged. 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 alDawla, 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.