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INFORMATION ABOUT THE MASTER'S THESIS
1. Student's full name:VU NGOC ANH2. Gender:Female
3. Date of birth: 10/11/2000 4. Place of birth:Hanoi
5. Decision number for student admission:Decision No. 4058/QD/XHNV dated December 28, 2022, of the Rector of the University of Social Sciences and Humanities, Vietnam National University, Hanoi.
6. Changes in the training process:Are not
7. Thesis title:The influence of Islamic doctrine and law on the legal system in the Republic of Iran (Through a study of the 1989 Constitution)
8. Major:Religious Studies Research-Oriented Study Code: 8229009.01
9. Scientific supervisor:Dr. Nguyen Thi To Uyen
- University of Social Sciences and Humanities - Vietnam National University, Hanoi
10. Summary of the thesis results:
Regarding the central and supralegal role of the Supreme Leader, the thesis clarifies that the Rahbar's power is not merely practical political power but is also legitimized by the Shia ideological system – particularly by the Velayat-e Faqih doctrine. This is not just a political institution, but a direct inheritance of the belief that, in the absence of Imam Mahdi, a qualified faqih will act on behalf of the community to maintain the theocratic order.
In the Constitution, the Supreme Leader is empowered to direct all three branches of power, appoint the Chief Justice, lead the military, approve the Guardian Council, and provide high-level policy advice. This thesis demonstrates that this power mechanism is a vivid manifestation of the logic of theocratic rule operating within a modern institution, distinct from models of clerical monarchies or Islamic countries with a separation between the king and the clerics.
Therefore, in Iran, law not only functions to regulate society but also serves to educate, guide morality, and preserve the identity of religious communities. This is a form of moralized state, in which law is both a tool of power and a means of fulfilling religious missions.
Another key point is the ability to self-regulate within the framework of doctrine. The 1989 constitutional amendments, or the adjustments to the role of the Emergency Council, demonstrate this.IRan can be flexible internally to adapt to political changes.,provided it does not go beyond the limits set by religion. Conversely, in foreign policy, the principle of protecting the oppressed and resisting "dominating" forces becomes a tool to affirm the legitimacy of theocratic rule on the international stage.
11. Practical applications:
Topic"The Influence of Islamic Doctrine and Law on Law in the Republic of Iran (Through a Study of the 1989 Constitution)"It not only holds academic value in the fields of Religious Studies and Law, but also possesses clear practical application potential in many areas of research, teaching, and policy planning.
First, the research findings can be used as foundational material for training, teaching, and reference in postgraduate programs in Religious Studies, Political Science, Comparative Law, or Area Studies. A detailed analysis of how Shia Islamic doctrines are institutionalized into the Iranian Constitution is a prime example, providing students and scholars with a concrete analytical tool to understand the nature of the theocratic state model in the Islamic world.
Secondly, this thesis can assist researchers, journalists, and policymakers in identifying the power structure and functioning of Iran's legal system – one of the most influential countries in the Middle East. In the context of a volatile regional political landscape, understanding the religious and legal depth of Iran is essential for research on conflict, intercultural dialogue, or diplomatic planning.
Thirdly, the topic can serve as a foundation for comparative research with other countries in the Islamic world or with other religiously-based legal models, such as Israel (with Halakha law), India (in civil law regulations for Muslim communities), or multi-sectarian Islamic countries like Iraq and Lebanon. This is an important basis for building further works in interdisciplinary research between religion and law.
Finally, given the modern social context raising many questions about the role of religion in public life, especially in countries recovering their cultural and national identities after conflict or globalization, this thesis can serve as a practical reference for understanding the systematic process of "religiousizing" the law, thereby drawing lessons about the harmony between religious traditions and modern legal requirements.
12. Future research directions:
Based on the results obtained, the topic opens up many avenues for further research with academic and practical value. First, the timeframe could be expanded to study the influence of Islamic doctrine and law on Iranian law from 2011 to the present, linked to major events such as the Green Movement (2009), the protests of 2017 and 2019, and especially the "Women, Life, Freedom" movement following the Mahsa Amini incident in 2022. These events raise questions about the adaptability or adjustment of the theocratic system to the demands of social change.
Secondly, it is possible to delve into specialized studies on the impact of Islamic law on specific areas of law, such as criminal law, family law, women's rights, or education law within the Iranian legal system. These specialized studies would allow for a deeper analysis of how religious law operates in practice and the extent to which it conflicts with or harmonizes with universal legal values.
Finally, a comparative study of Iran's theocratic legal model with other Islamic countries such as Saudi Arabia, Iraq, or secular Islamic countries like Türkiye could be conducted to clarify the unique characteristics of the Iranian model and draw lessons about the relationship between religion and law in the context of global modernization.
13. Published works related to the thesis: Are not
INFORMATION ON MASTER'S THESIS
1. Full name:Vu Ngoc Anh2. Sex:Female
3. Date of birth: 10/11/2000 4. Place of birth:Hanoi
5. Admission decision numberr 4058/QD/ XHNV, Dated: December 28, 2022
6. Changes in academic process:Are not
7. Official thesis title:The impact of Islamic doctrines to law in the Republic of Iran (through research on the 1989 Constitution)
8. Major:Religious9. Code:8229009.01
10. Supervisors:Dr. Nguyen Thi To Uyen
11. Summary of the findings of the thesis
On the Constitutionalization of Shia Religious Doctrine within the Modern State Model, one of the most significant contributions of this thesis lies in its demonstration of how the theological principles of Shia Islam—originally metaphysical in nature—have been transformed into concrete constitutional provisions and thereby institutionalized as legal norms. Rather than merely listing the content of these provisions, the thesis highlights the systematic, consistent, and intentional process of legalizing religious ideology, resulting in a model of “legalized religion” rather than a system where “religion merely guides the law.”
Regarding the central and supra-legislative role of the Supreme Leader, the thesis clarifies that the authority of theRahbaris not only political in practice but is legitimized through the doctrinal framework of Shia Islam, particularly the theory ofVelayat-e Faqih. This authority does not simply represent a political institution but is a direct continuation of the belief that in the absence of the Hidden Imam (Imam Mahdi), a qualifiedfaqihshall lead the community to maintain divine order.
Under the Constitution, the Supreme Leader is granted authority over all three branches of power, with the ability to appoint the Chief Justice, command the armed forces, approve members of the Guardian Council, and advise on national strategic policy. The thesis shows that this concentration of power is a vivid expression of divine sovereignty operating within a modern constitutional framework, distinct from monarchical theocracies or Islamic countries where kings and clergy remain institutionally separate.
On law and democracy within the Islamic framework, the thesis underscores the complex interplay between democratic mechanisms and theocratic control. While Iran holds elections, has a parliament, and an elected president, the entire political process remains under the supervision and orientation of Islamic institutions such as the Guardian Council and the Supreme Leader.
A profound insight of the thesis is that, in Shia thought, there is a deliberate integration of politics, ethics, and law. Legislative and executive acts are not merely technical procedures but must serve higher goals—such as justice, compassion, protection of the oppressed minority, and the moral refinement of society.
As such, the legal system in Iran does not merely regulate society; it educates, guides ethically, and preserves the identity of the religious community. It represents a form of moralized statehood, where the law serves both as an instrument of power and as a medium for carrying out a sacred mission.
Another notable point is the system's capacity for internal adaptation within the boundaries of religious doctrine. The 1989 constitutional amendment, along with the evolving role of the Expediency Discernment Council, illustrates Iran's internal flexibility in responding to political changes—so long as adjustments remain within the theological framework. Conversely, in foreign affairs, the principle of defending the stressed and resisting domination becomes a strategic tool for affirming the legitimacy of Iran's theocratic identity on the international stage.
12. Practical applicability, if any:
The thesis entitled“The Influence of Islamic Doctrine and Sharia on the Legal System of the Islamic Republic of Iran (Through the Study of the 1989 Constitution)”holds not only academic significance in the fields of Religious Studies and Legal Studies, but also demonstrates strong practical applicability across various domains of research, education, and policy-making.
Firstly, the findings of this research can serve as a foundational resource for postgraduate education, teaching, and scholarly reference in disciplines such as Religious Studies, Political Science, Comparative Law, and Area Studies. Its in-depth analysis of the institutionalization of Shia Islamic doctrine within the Iranian Constitution offers a valuable case study, equipping students and scholars with analytical tools to understand the essence of theocratic governance models in the Islamic world.
Secondly, this thesis provides useful insights for researchers, journalists, and policy-makers aiming to understand the structure and operation of Iran's legal-political system—one of the most influential regimes in the Middle East. In a region marked by frequent political upheaval, understanding Iran's religious-legal foundations is essential for research on conflict, interfaith dialogue, and diplomatic strategy.
Thirdly, the thesis offers a basis for comparative studies with other Islamic or religious-legal systems, such as Israel's Halakhic legal traditions, India's personal law for Muslim communities, or the pluralistic Islamic legal frameworks in Iraq and Lebanon. This comparative potential serves as a critical platform for expanding interdisciplinary research at the intersection of religion and law.
Finally, in the context of contemporary societies grappling with questions about the role of religion in public life—especially in nations undergoing cultural revival or post-conflict reconstruction—this thesis can function as a practical reference to understand the systematic process of “religionization” of law. In doing so, it contributes to the broader discourse on how religious tradition and modern legal imperatives can be harmonized within state institutions.
13. Further research directions, if any:
Building upon the findings of this thesis, several promising directions for future research may be pursuing to deepen and expand the understanding of the relationship between Islamic doctrine and legal-political structures in Iran and beyond.
First, future studies could extend the temporal scope beyond 2011 to explore how the influence of Islamic doctrine and Sharia has evolved in the post-2011 period—especially in the context of major political and social developments such as the Green Movement (2009), the national protests of 2017 and 2019, and the more recent “Woman, Life, Freedom” uprising after the death of Mahsa Amini in 2022. These new events raise questions about the adaptability of Iran's theocratic system to growing society demands for reform and individual freedoms.
Second, in-depth thematic studies could focus on specific branches of law—such as criminal law, family law, civil liberties, or educational policy—to investigate the precise legal mechanisms through which Sharia principles are enforced or disputed in practice. Such studies would allow for more granular insights into how Islamic jurisprudence shapes daily governance and impacts different segments of society.
Third, comparative legal analyzes could be conducted between Iran and other Muslim-majority countries—especially those with differing legal-theological foundations, such as Sunni-majority Saudi Arabia, secular-Islamic hybrid models like Turkey, or religiously pluralistic systems in Iraq and Lebanon. This would help delineate the distinctive features of the Iranian Shia legal-political system and offer broader implications for understanding state-religion relations in the Islamic world.
Finally, future research may also examine how younger generations and civil society actors in Iran are negotiating the boundaries between religious authority and democratic aspirations, particularly in an era marked by digital communication, transnational activism, and increasing global exposure. Such studies would contribute to evaluating the resilience, transformation, or potential recalibration of the theocratic legal model in response to internal and external pressures.
14. Thesis-related publications: no
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