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Article No. 9
Qanun
and the Modernisation of Political Thought
in Iran
Hassan Bashir
Imam Sadegh University, Iran
Abstract
In the
19th century, like many other non-western countries, Iran
had a chance of entering the age of modernization. Many internal and
external factors had facilitated this change and development.
Newspapers, especially those, which published on exile, had much
effect on the changing process. The Qanun newspaper, in many
respects, had the utmost influence on the Iranian society due to its
clear and frank language and also the extensive modern ideas and
thoughts that were elaborated cleverly in this newspaper. The modern
and Western ideologies were handled in such a way to build up the
mind of the people toward the new meanings of social and political
concepts that were in most cases different to how these concepts
were understood by the society. In this paper the injection of
modern ideas did not follow a blind line, however, it had a
systematic discipline that showed the ability of Malkum Khan, the
founder of Qanun, to project modern ideas in traditional
society such as Iran. Qanun has actually played a vital role
in the process of modernization of social and political thoughts in
the contemporary history of Iran and its impact is still felt in the
current everyday life of the Iranian who has much yet to achieve in
ongoing process of modernization especially in the age of
globalization.
Key concepts:
Iran, Qanun, Modernisation, 19th Century, Malkum Khan,
Political Thought.
Typological analysis
Qanun
was founded and published by Mirza Malkum Khan on 20 February
1889-1890 in London and, according to Brown, “seems to have
continued publication for about three and a half years, forty-one
monthly numbers having been issued in all.” (Browne,1914/1983,
p.312). All issues of this paper were headed by the slogan ‘Ittefaq,
Adalat, Taraqqi’ (Unity, Justice, Progress). In the
beginning the annual subscription fee was one pound but this was
changed to a symbolic fee in the tenth and eleventh issues becoming
Fahm-e Kafi (sufficient understanding). The fee was
then changed again a number of times: in the twentieth issue it
became Shart-e Adamiyat (conditional to the expression
of humane tendencies); in the twenty- third issue it became one of
‘sufficient understanding’; in the twenty-fourth, ‘conditional to
the expression of humane tendencies’; in the twenty-fifth issue, one
Tuman (Iranian currency); in the thirtieth issue, Yek
Zarreh Shuoor (a little intelligence); and finally,
from the thirty-sixth until the forty first issue, which was the
last, the fee became Zahmat-e Eblagh-e ein Noskh-e be Yk Adam-e
Digar (the efforts of passing this newspaper to another reader).
In the last few years
before, and the years immediately following, the Islamic Revolution
of Iran,
copies
of some influential newspapers, especially the ones that were
published before and during the Constitutional Revolution, were
reprinted. In brief, one reason for this action can be that the
necessity for social and political change was keenly felt by the
people throughout history regardless of those in power. These
newspapers form the ‘communicatory bridge’ between the past and the
present.
Qanun,
is an example of this kind of newspaper. The available forty-one
issues of the newspaper were reprinted in a one volume (size 22 cm
by 34 cm). Generally speaking, this newspaper is quite different
from any other professional newspaper, which exists nowadays. No
sign of professional journalism can be seen in either the mode of
writing or the style of presentation. There is no clear division
between editorial, news section, report, or other stories. Indeed
there is little evidence of a clear topic or title for any section
of this newspaper. It is a kind of narrative, which has been written
in one style. The writing flows through the all the issues of this
newspaper. The average size of the issues is eight pages.
The style of
the
language used in this newspaper is also different from other
newspapers published in Iran during the same period, especially
those, like Shrafat, which were published by the government.
While the governmental newspapers were full of heavy, abstruse and
portentous words written in the old style, Qanun was written
in a simple, ordinary and new way. This kind of writing, “had a
distinct influence on the development of political writing and
journalism” (Bahar, 1958, p.374) in Iran. The Sur-i Israfil
newspaper, a revolutionary and extremely famous newspaper published
during the Constitutional Revolution, went further and said that:
Whoever has read
Qanun knows well that from the beginning of the Islamic era to
the present, none has put pen to paper in the Persian Language with
the same fluency and eloquence. (Sur-i Israfil, 1907, No.5.
p.8)
Before analysing the content of
Qanun, it is important to place it in the context of the Iranian
society of that period. Even though Iran started its process of
reform at the beginning of the 19th century it was still only
comparable to medieval Europe at this stage. This was reflected in
the totalitarian role of the Shah, the strong position of the
religious leaders, and the ignorance of the people. In this
situation nothing was more essential than the ‘Law’ and its
implementation in the society. For this reason the word ‘Law’ was
selected as the name for Malkum Khan’s newspaper.
However, Nasir al-Din
Shah was opposed to any kind of laws except that of the Shah. The
ministers were his slaves and the people his subjects. The best way
to oppose this situation was to press for the implementation of a
system of law. The issue of law was so important that even the
pronunciation of this word became a sin. It was as a result of
raising this issue that Sayyed Jamal al-Din was expelled from Iran
and was consequently accused of being ‘Qanuni’, meaning the
one who makes claims about the law (Nava’i, N.D.). Malkum Khan
himself stated, in the 7th issue of Qanun, the reasons for
publishing this newspaper in exile and for it being banned in Iran.
He said, “Why do they [we] publish the Qanun Newspaper
outside the country?” (Qanun, No.7, p.1). His answer was
simple “Because it is forbidden within the country to tell the
truth.” (Ibid).
Qanun’s
main concern was to establish a general understanding of the concept
of ‘Law’ among the people and to encourage the building of a
constitutional and organisational structure with which to support
it. However, Qanun became more familiar to the people in
terms of its concern with the law than any other newspapers such as
Akhtar. That was because of the simplicity of language used
in Qanan and because of the propaganda methods used by Malkum
Khan. With regard to the implementation of the law, Malkum
Khan distinguished between the Shah, the government authorities, and
the rest of the people. However, this was to be one of the biggest
weaknesses of the newspaper. Malkum Khan was encouraging
people to think about law, to accept law, and to fight to implement
law in all aspects of the society. However he did not apply this
proposition to the head of the government, the Shah. One can
understand the thinking behind this separation, however. Malkum
Khan was completely aware that he needed people in authority to
support him in his quest to explain the importance of the law and to
fight for its implementation. To achieve this goal he identified
three kinds of people and focused on them: The Shah, the religious
clergy and the intellectuals. Firstly, Malkum Khan tried to
create a gap between the Shah and his ministers such that the Shah
was not just a supporter, but also the main source of law.
If the Shah was like
some other kings who are against the law, we would not bring out the
name of ‘Law’, but we see that at this time, our Shah is more than
any other person supporting the law and emphasising the need to
implement it. (Qanun, No. 1. p.3)
In the meantime, Malkum
Khan directed his attack on the ministers by stating, “we have to
realise the fact that the support of the Shah is not enough to
implement the law” (Qanun, No.1. p.3). He continued, “If the
ministers, the thinkers and all the people do not insist on having a
law, the law will be a temporary matter.” (Ibid). Elsewhere in
Qanun he indicated the Prime Minister’s opposition and claimed
“if the Prime Minister saw this newspaper he would stop it
immediately from entering the country” (Qanun, No.3. p.6).
This propaganda was effective in two ways: firstly it did not make
the Shah sensitive to this issue and secondly it held other
authorities responsible for obstacles to the establishment of the
law.
In order to gain the
support from the religious clergy, Malkum Khan showed
his sympathy and support for them by stating, in the first issue of
Qanun, “By virtue of what law did they banish such and such a
mujtahid? According to what law were some clergy expelled?” (Qanun,
No.1, p.1). Elsewhere in this issue he said: “the clergy and the
thinkers of Iran were always aware of the existence of a good law”
(Ibid., p.3), and “the clergy, the writers and the speakers must
tell the people about the benefits of the law” (Ibid., p.3). In
other ways he tried to imply that the clergy were not just the
supporters of the law, but also the main group supporting its
implementation. In addition, as previously mentioned, Malkum tried
to support his claim for the necessity of law through recourse to
Islamic arguments or clerics’ proclamations in almost every issue of
Qanun.
Regarding the Iranian
intellectuals, Malkum used the words ‘Adamiyat’ and ‘Adam’
(Humanity and Human) as a symbol for any person who realised the
importance of progressive principles such as ‘Law’, ‘Unity’
‘Justice’, ‘Order’ and ‘Freedom’. At the beginning of the latest
collection of Qanun newspapers to appear, published in Tehran
in 1990, the word ‘Adamiyat’ appears on the first page as a
main symbol for this newspaper. In almost every page of the
newspaper this word was used with various interpretation or
examples.
Content analysis of
Qanun
Content analysis of
Qanun will be undertaken in combination with the quantitative
method in order to show the kind of tendency this newspaper
had towards various social and political aspects. The quantitative
method will be used in order to discern the social and political
aspects, which were most important in this newspaper.
Using the list of
political and ideological terms provided by Pool et al. (1952) the
key words of this newspaper, such as ‘Qanun’ (Law), ‘Adamiyat’
(Humanity), ‘Adalat’ (Justice), ‘Taraqqi’
(Progress), and ‘Ittefaq’ (Unity), will be counted to
demonstrate the tendency of this newspaper towards the use of this
terminology.
These above-mentioned
terms passed from Qanun into everyday language and became
general terms used by the people (Browne, 1914). The political and
social meaning of these terms was emphasised rather than the
ordinary meaning found in dictionaries. Hence, it can be seen that
these words played an important role in changing the style of
linguistic expression, thus making Iranians more politically and
socially aware.
Through the use of
the quantitative method of analysis, different words and symbols
were recognised and counted. Therefore, twenty-three words were
identified as the main basis for this analysis. They are: Law,
Unity, Progress, Justice, Foreign progress, Free newspaper, Power of
press, Seekers of justice, Shah’s justice, Court, Human rights,
Social rights, Disorder, Humanity, Human value, Government Rights,
Parliament, Freedom, Power of pen, Freedom of pen, Security, Order,
and Peace. Each of these words and phrases has a specific Persian
term but they were used with different Persian synonyms.
In total, Qanun consisted of
around 73848 words divided between the 41 existing issues of this
newspaper. The word Adamiyat (Humanity) appeared the most,
occurring 830 times. The word ‘Qanun’ (Law) was the second
most frequent, appearing some 698 times, while the words “Seekers of
justice” and “Government’s Rights” were the least mentioned,
occurring only once in all the texts.
By using these symbols continuously,
Malkum Khan tried to establish a strong and
effective concept of these words within the society. From
Figure: 1 it is possible to see certain differences between the
total number of these words, which occurred in Qanun.
Initially, these words appeared only a few times, which shows that
they did not get the full attention of Malkum Khan. However,
further qualitative analysis of the text reveals that the concepts
of some of these symbols were presented in different ways. In my
view, it is essential to look also at the mode of representation and
interpretation of these symbols. This will prove useful in gaining a
better understanding of this newspaper. Despite all else, it must be
said that with the new style of Persian Language, the
combined manner of expressing the meaning of these symbols and the
contributing opinions from other writers, Malkum Khan
succeeded in presenting an original and intelligent publication in
the form of Qanun.
The Critical
Discourse Analysis of Qanun
A more detailed and
comprehensive analysis of this newspaper requires the use of the
method of discourse analysis, especially critical discourse analysis
(CDA). ‘CDA’ is composed of three different sorts of analysis:
semiotic analysis of the text, analysis of discourse practices of
text production, distribution and consumption and analysis of social
and political practices that frame discourse practices and texts (Fairclough,
1998).
In accordance with
this, for the discourse analysis of Qanun I will focus on the
following two main points:
1-The semiotic
and linguistic analysis of the text.
2-The main social
and political discourses of this newspaper. In other words what
was the ‘attention’ and ‘direction’ of Qanun in
its textual discourse?
The semiotic and
linguistic analysis
One of the best
evaluations of the style of writing used in Qanun newspaper
has been made by Sur-i Israfil newspaper. Sur-i Israfil
stated that “Whoever had read Qanun knows well that, from
the beginning of the Islamic era to the present, none has put pen to
paper in the Persian Language with the same fluency and eloquence” (Sur-i
Israfil, 1907, No.5, p.8). Indeed it is not possible to find any
other publication of the Qajar period that has the simplicity
and the fluency of language that the Qanun newspaper has. My
aim here is to examine the various forms of linguistic expression
used by this newspaper, and others, at that time. These forms are
suggested in Figure 2.
The above figure is the
suggested model for the semiotic and linguistic analysis of Qanun.
However, this model requires further explanation. Looking at the
entire text of Qanun it is can be seen that the forms of
language expression used by Malkum Khan could be categorised into
the above four mentioned forms of expression. Each of these forms
will be explained in more detail.
Before explaining
each one of these forms two things should be mentioned. First, there
is a strong coherence between all these forms. This makes their
strict classification and division difficult, if not impossible.
Secondly, as shown in Figure 2, a strong consequential relationship
exists between these various different forms. In general, Malkum
Khan used the introduction of modern terminology and new concepts as
a means of criticising, by points of comparison, the situation of
the country at the time. He then tried to provide some information
about other societies regarding the same concepts. Finally he
suggested some solutions to the existing situation through the
implementation of constructive ideas and structures.
1-New
Language:
Qanun’s
usage of modern terminology,
with regard to such
concepts as social and political terms and the secularization of
religious ideas, can be regarded as a new language. In fact, this
language is but a form of expression with which to present modern
Western ideologies. In Qanun, Malkum Khan tried to introduce
and combine, as much as he could, modern terminology with modern
concepts and interpretations, which were different from that of
their traditional and ordinary meaning. These concepts are derived
from the Western context of European societies. To simplify these
concepts Malkum Khan tried to use indigenous ideas and symbols,
which would make them more easily understandable to the people. One
of the main powerful points in this new language is what I call the
‘secularization of religious concepts’ or, in other words, ‘the
re-interpretation of religious concepts in the light of modern
Western thought’. In this relation Malkum Khan explained various
religious concepts, but with new and modern definitions influenced
by a Western background. The Iranian intellectuals before him had
never engaged in such an undertaking. With the help of a combination
of religious and modern secular language, Western political
structures such as ‘parliament’ became acceptable to the religious
leaders as well as the traditional people of Iran. The triumph of
the Constitutional Revolution is the clearest sign of indigenization
or Islamization of secular concepts in a traditional and religious
society such as Iran during the 19th century. We shall
look at some examples from Qanun to support this argument.
Modern terminology
The main factor in
the social and political development of 19th
century Iran was the introduction of modern ideologies. This was
done through the introduction of different terminology to that
previously used in the country or by a reinterpretation and
re-examination of existing Persian terminology. Qanun was one
of the pioneer newspapers in introducing both modern terminology and
modern concepts to Iranians. There is no doubt that the people were
unfamiliar or unaware with such terms and concepts as ‘parliament’
prior to the 19th century. This word, and many others, contributed
to creating an understanding of what the people needed to strive for
in order to change the social and political system of the country.
The following statements of Qanun are some examples, chosen
randomly, which show the newspapers use of this new terminology.
It is obvious that a
country requires varying laws to organise a state. Justice and
politics, farming and trading, army and tax, and every part of the
land and every position needs a special law. (Qanun, No. 4,
p.2)
This Great Court
Parliament is the prelude to the Great National Parliament. You are
not the members of the Ministers Cabinet. You are the advisors of
the Iranian nation. You are small in number. You must be at least
seventy people. Great Mujtahids and the scholars must be
within this parliament. (Qanun, No.18, p.2)
Terminology such as ‘great court parliament’ and the modern concepts
of ‘law’, ‘justice’, ‘majority’ and ‘votes’ are a few examples of
such modern language use. Although some of these terms were no doubt
used by ordinary people, it is clear that Qanun’s usage of
the terminology was of a radically different and more precise
nature.
Modern concepts of social and political terms
In Qanun, the use of modern
terminology involved modern concepts and interpretations being used
in tandem with one another. Malkum Khan tried to use both elements
to educate the people and to make them aware of the new political
structure which was already established in the Western countries.
Let us look at some examples:
This cry of the
Iranian people and this sea of miseries in which we are all sunk,
has no other cause than the fact that we the Iranian people have not
yet understood the meaning and the power of the law. (Qanun.
No. 2, p.2)
The law consists in
gathering the powers of the people from all walks of life with a
view to protecting the general rights. (Qanun. No. 2, p.2)
The law should be
based on the principles of justice. (Qanun. No. 2, p.2)
It is
obvious that what Malkum Khan is trying to explain here is based on
particular definitions of words. For example, he is using a
definition of ‘law’ that is radically different from its ordinary
everyday meaning. The new conceptual meaning of this term is based
on its modern social, political and Western interpretation. The
belief that the nation should control the affairs of the authorities
by using the law was definitely a new concept to Iranian people in
the 19th century. This new interpretation was used in
many places throughout this newspaper in order to awaken Iranians’
awareness of modern political concepts and their role in society.
The secularization of
religious concepts
The secularization of religious concepts involves the interpretation
of religious principles in the light of secular and earthly
elements, and the support of secular elements through the use of
religious concepts (the modernization of religious concepts). This
new interpretation was unfamiliar to both the clergy and other
people. This procedure saw secular Western definitions being used in
the attempt to integrate the religious elements into the
intellectuals’ social and political plans for the country. They did
this by explaining, for example, that Islam is not against the
rights of women or the progress of the country, in order to prove
that religion was not incompatible with their plans for national
development. Further examples will help to clarify this matter.
From the rabble
we have heard some exaggerations concerning women. What is the truth
of the matter? The Sayyed stated: We have such a high opinion
of women that what we say about them will not be taken as
exaggeration. We consider women the upbringer of children, the
author of family welfare and the stimulus of world progress. And we
believe that the upbringing of girls is the purist and the holiest
duties of civilization. Those women who are human we deem more
respectable and respectful than you can imagine. (Qanun. No.
19, p.3)
The steamboat,
telegraph and the entire progress of the world springs from the rays
of Islam. (Qanun. No. 21, p.4)
However,
today you must have understood that the rights of the nation shall
never hold any meaning unless the masters of the nation struggle for
those rights are based on a national plan. It is obvious that the
national plan should be based on the truths of Islam and humanity. (Qanun.
No. 18, p.3)
The spirit of Islam
and the progress of the world have rendered the emergence of a
national parliament necessary. And the emergence of such a
parliament will not be possible unless by the endeavour of the
Ulama and by the power of union. And today, our first duty as
the servers of the brilliant religion is this that we should awaken
the people from all walks of life in any possible manner in all
meetings. Afterwards, we should teach them to be their own saviours
by the guidance of the brilliant because there is nothing for man
save what he strives for. (Qanun. No. 37, p.4)
It is significant that
in all the above statements a connection between religious issues
and principles and modern social and political concepts is created.
Malkum Khan tried numerous times to harmonise the religious concepts
with the secular element, or in other words, to re-interpret
religious concepts in the light of the modern world. This attempt
was significant in harmonising new and modern ideas with religious
principles, or at least in showing the folly of regarding them as
contradictory. As a result of this interpretation of modern secular
ideas concerning ‘law’, the ‘parliamentary system’, ‘elections’ and
‘ the rights of women’, these, and many other concepts, were
gradually accepted by the society. Without this it would not have
been possible to convince the society to accept Western
modernization and development.
2-Critical
Language
The language of criticism is used continuously in
Qanun newspaper and with regard to different issues. The main
criticisms made by Malkum Khan in this newspaper are directed at the
existing social and political situation of the country, the
government body and, on some occasions, the head of state (the Shah)
and the clergy. Some examples of each category are shown below.
Criticism of the
social and political situation
Nobody is not allowed
in the country to mention the word law. (Qanun. No.1, p.2)
Now we are sitting
here. If our house is confiscated and if our religion and existence
are trampled upon under a thousands oaths of redemption by
indication of a strange man, which office or what law do we have
recourse to? (Qanun. No. 3, p.3)
Criticism of the
Government
The government that
violates the rights of her subjects is worse than the thieves of
time. (Qanun. No. 23, p.2)
Why not talk to
ameliorate affairs? Because they cut off the tongue. Why do you not
struggle for your rights? Because they cut open our abdomen. (Qanun.
No. 11, p.1)
Criticism of the Clergy
That wise preacher
who had written in this newspaper cried on the pulpit, “O religious
Ulama! O sages of the land! Know that all these tyrannies and
floods of tears flowing in Iran are due to your silence and cruelty.
By command of God and by command of nature, you should preserve the
rights of the nation. When you see them setting fire to the life of
Muslims, how do you dare say, “It’s none of my concern. (Qanun.
No. 8, p.1)
3-Informative Language
In order to make
people more aware of the progress in other countries and to make
them familiar with modern concepts, Malkum Khan tried to use
informative language based on two main elements. Firstly introducing
the modern concepts to the people and secondly using comparisons
between Iran and other countries regarding their social and
political situation. Both of these elements are reflected in the
following examples.
Introduction of
Modern Concepts
In the following two
examples, Malkum Khan tried to explain the modern concepts and the
application of law in human life. This kind of informative language
is used throughout Qanun in order to introduce modern
concepts of modern terminology.
The law is
representing, guaranteeing and protecting human rights. (Qanun.
No. 2, p.2)
The entire
destruction comes from lack of laws. (Qanun. No. 2, p.2)
Comparison as informative language
The following
examples show that how Malkum Khan used comparison in order to
inform the Iranians about the differences between their society and
the modernised one.
After mentioning the
low quantity of Iran’s imports compared to France’s exports, Malcolm
Khan says, “The reason is that in other countries, there are laws.
However, even the word law is not common in Iran.” (Qanun.
No. 1, p.4)
The European animals
know that nobody can be cruel to them. And we who are proud of being
human are in the dark concerning our right to life. (Qanun.
No. 3, p.3)
4-Constructive Language
The main aim of
Malkum Khan in publishing Qanun newspaper was stated
explicitly in the second issue of this paper.
The missions of this
newspaper are manifold:
-
Publishing facts
-
Seeking the law
-
Organising unity
-
Helping the
downtrodden
We who happened to be
the founders of this newspaper commit ourselves in the presence of
the people of the world and the people of Iran that to risk our
lives and wealth and power to accomplish this task. (Qanun.
No. 2, p.5)
Achieving these
objectives required a language, which, as explained, I have
categorised under four headings: new language, critical language,
informative language, and constructive language. A brief explanation
and examples of the first three categories has been provided above.
The fourth category, constructive language, is related to Malkum
Khans plan’s to ‘publish facts’, ‘seek the law’, ‘organise unity’,
and ‘help the downtrodden’. Moreover, what is meant by this form of
language is the manner in which Malkum Khan tried to achieve his
objectives. He used a form of constructive language through which he
hoped to build up new ideas and a new political structure for the
country. He sought to create a public sphere in which this new
situation could function and to construct a popular political
language based on a new comprehension of the world inspired by
Western modernization. Through these four linguistic means, Malkum
Khan was successful in not only introducing a modern language and
new concepts to the people, but also in establishing new thoughts
and ideas and in helping the country to develop a popular political
language. This language was not only adopted by the intellectuals
but also by ordinary people. Indeed before such an environment
existed, ordinary people could never have dreamt of seeking the
establishment of a parliament or demanding constitutional law.
Construction of ideas
Introducing the modern ideas into the society
requires usage of various ways and methods. Malkum Khan in his
Qanun
examined many ways that construct these ideas in the
society.
We do not demand what
is beyond the power of the government. We say, “Based on Islamic
principles, enforce in this country the laws that exist in Ottoman
cities and Indian villages and the wild American tribes. Imprison us
but by virtue of the law. Grab our money but by virtue of the law.
Confiscate our rights and property but by virtue of the law. Loot
and plunder us but by virtue of the law. Banish us from the land but
by virtue of the law. Imprison our spouses but by virtue of the law.
Cut off our hands, feet and tongues but by virtue of the law. Burn
us but by virtue of the law. Cut open our abdomens but by virtue of
the law.” (Qanun. No. 11, p.1)
The basest laws are
better than lawlessness. (Qanun. No. 1, p.4)
The state, which has
no laws, has neither religion nor justice nor intellect. (Qanun.
No. 11, p.1)
Construction of political structure
The construction of different political
structure based on modern ideologies is another way of constructing
ideas in the society.
Man without human
rights is an animal, an animal that shall have no fate other than
hardships however hard he tries. (Qanun. No. 27, p.1)
No better instrument
can be imagined than a free newspaper for the salvation and progress
of Iran. (Qanun. No. 1, p.1)
The Ulama and
the scholars of Iran have always been aware of the good laws. The
weakness lies in the fact that they have never known what policy
they should follow for enforcing the laws. They still believe that
the enforcement of laws is on the shoulders of the ministers. They
say we have good laws in our bosoms but the tragedy is that the
ministers do not enforce them. O esteemed scholar! The ministers,
who are able and liable to enforce the laws, were not brought to
understand their duty. After raising expectations, it is now
considered indecent for us to limit our duties to finding good laws.
After this duty of government seeking, it is our humane duty try to
understand what to do to enforce good laws in Iran. (Qanun.
No. 1, p.2)
Construction of a Public Sphere
By introducing modern
ideas in the society, Malkum Khan was able to construct the kind of
public sphere that could understand and respect the new and modern
concepts for the development of the country.
No sweeter voice is
there than that of a newspaper for the union of views and the
rebirth of a nation. (Qanun. No. 2, p.5)
So if we want the
law, we must ask our reason what we should do to enforce the law
prior to doing anything else. (Qanun. No.1, p.20)
Construction of a popular political language
The construction of a
popular political language was actually another way of constructing
a public sphere, within which modern concepts could become popular.
Qanun was one of the main papers to introduce this kind of
language.
What should we do to
cause people to understand the meaning of law and go after it?
Firstly, understand it yourself and seek it. What can I do? Firstly,
you are not alone. Secondly, if you have properly understood the
situation and if you have the dignity and the language, you can
unite many people to yourself. (Qanun. No. 5, p.1)
Social and political discourse analysis
The social and political discourse
analysis of Qanun will focus on three main points:
1-The role of political
agents
The founder of the Qanun newspaper, Mirza
Malkum Khan
Nazem
al-Dauleh,
was born in the Armenian settlement at Julfa, one of the suburbs of
Isfahan in 1834
(Sharaf, 1885, No. 46.; Algar,1973). His father, Mirza Yaqub
Khan, was an Armenian converted to Islam. Born in 1815, Mirza Yaqub
Khan claimed descent from a French grandmother who was related to
Jean-Jacques Rousseau. He received his education in India among the
Armenian community living there. In his travels to different places,
such as Java, he evidently acquired knowledge of French, for on his
return to Iran in 1845, he became an interpreter and translator at
the Russian embassy in Tehran.
Having such a position,
Yaqub Khan was able to establish links with a number of Iranian
officials making himself available as an informant and messenger.
This enabled him to develop a close relationship with Hajji
Mirza Aqasi, prime minister to Muhammad Shah
(1834-1848), and the first two ministers of Nasir al-Din
Shah, Mirza Taqi Khan Amir Kabir (in
office from 1848 to 1851), and Mirza Agha Khan
Nuri. Knowing that Mirza Aqa Khan
Nuri had a deep hatred of Amir Kabir, Yaqub Khan played an
instrumental role in the execution of the latter (Algar, 1973).
Using his relationship
with Mirza Aqa Khan Nuri, Yaqub Khan was
able to send his son Malkum, to France at the age of ten, at
government expense, to study natural science and later on politics.
Malkum Khan was fifteen years old during the French Revolution of
1848. Despite his young age he was to be deeply influenced by the
monumental changes he witnessed in France during this time. As a
consequence, on his return to Iran in 1851-1852 he had many ideas
for social development and change. There is little doubt, as Algar
believes, that “Malkum found his studies both congenial and
absorbing: they later became the basis for most of his numerous
memoranda and treatises calling for political, social and economic
reform in Iran.” (Algar, 1973, p.16.).
Because of his support
for European civilization, Malkum became the first coherent advocate
of Westernization in Iran. Moreover, he was to become “one of the
main advocates of reform in 19th century Iran.” (Avery, et al. 1991,
p.184). He believed that the progress of the nation could come not
only from the intelligence of its people, but also through using
other nations’ experiences and knowledge. In his view, any kind of
attempt to develop independent progress would be a waste of time.
If you wish to
discover the path of progress by your own intelligence, then we will
have to wait for three thousand years. The Europeans have discovered
the path of progress and the principles of order in the course of
three thousand years, just as they have discovered the telegraph,
and they have reduced them to one well-defined law. Just as we can
introduce the telegraph from Europe and set it up in Tehran without
any difficulty, so too we should adopt their order. (Malkum Khan,
1948, p.13)
Believing in the process of using other nations’
experiences, Malkum succeeded in establishing the first functioning
telegraph line in Iran. It ran from the Dar al-Fonun to the
royal palace (Afshar, 1965, p.228). In his writing, especially in
the ‘Qanun’ newspaper, Malkum tried to emphasise that
understanding the customs of the Europeans, Aieneh
Tamaddun (the culture of civilization), are the conditions for
any kind of material progress. In relation to this matter Malkum
introduced two basic elements of progress ‘order’ and ‘law’. These
he saw as essential prerequisites if any movement towards European
civilization was to be made possible. The foundation of Qanun
was a reflection of these elements, which Malkum tried to express in
different ways. In the Persian language the word ‘Qanun’
means “regulation, method, principle” (Mu‘in,
1953-1954). This meaning does not fully fit the concept of the
European meaning of Law, which is based on the enforcement of rule
of conduct or action by a government (The Chambers Dictionary,
1994). So he tried to explain it by using different practical
examples to enable people to understand it more clearly.
Malkum is generally
regarded as “the greatest Iranian revolutionary journalist” (Mowlana,
1963, p.258.), at least during the Qajar period. He was a
colleague of Jamal-al-Din the great Pan-Islamist revolutionary
leader and journalist who contributed to Qanun by writing
articles anonymously. This contribution becomes important when we
analyse Qanun’s attempts to treat the religious clergy
differently from other authorities or elites. Indeed Qanun is
full of religious phrases, which at times make it seem like a
religious text, advising people to follow Islam and the Muslim
clerics.
2-Analysis of
the socio-political situation
The socio-political
situation of Iran in the second half of the 19th century was very
different from that at the beginning of the century. The rise of the
modern generation of Iranian intellectuals, the expansion of contact
between Iran and the West, the establishment of the Dar al-Fonun
college, the injection of modern sciences into society, the entry of
European travellers into Iran in the form of teachers, professionals
and diplomats, and the calls for political change (which were
especially felt after the travels of Nasir al-Din Shah to the West,
all contributed to make this period one of the most important and
unique in contemporary Iranian history. This period also coincided
with the vast development of the West and the achievements of
Western society in the areas of law and order enforcement, freedom
and democracy. The big gap that existed between these societies and
Iran, (which was suffering from despotism, censorship and
absolutism) spurred the Iranian intellectuals into taking action in
an attempt to rectify the situation. This same realisation, but with
a different direction and sense of purpose, was also arrived at by
the government and indeed by the Shah himself. This difference of
direction and sense of purpose is perhaps best reflected in the fact
that what the government tried to achieve was quite different from
what the people wanted at that time. Actually, there were various
governmental attempts to introduce a programme of development and
modernisation for the country. These attempts, however, could
satisfy neither the government nor the people and did not continue
for long. Even a request from an educated youngster to establish
some social and political clubs was denied, with crushing
objections, by Nasir al-Din Shah himself. This situation forced the
Iranian intellectuals to move outside of the country and to begin
the movement in exile. From a multitude of places, such as England (Malkum
Khan), Egypt (Mirza Ali Mohammad Parvaresh), Turkey (Mohammad Tahir
Tabrizi) and India (Sayyed Jalal al-Din al-Husainni Mu’ayyed
al-Islam), they started their fight against the Qajar
despotism using a variety of means, including the press. The
establishment of Persian newspapers in exile in that period can be
seen as a result of the general situation that pervaded at the time.
Newspapers such as Akhtar (1875-1895) in Istanbul,
Sorayya (1898-9) and Parvareh (1900) in Cairo, and
Habl al-Matin (founded 1893) in Calcutta, (Browne, 1914/1983),
which strongly criticized the social and political conditions of
19th century Iran were founded by such intellectuals. Qanun
newspaper was also founded for the same reasons. Various reasons may
have motivated Malkum Khan to publish this newspaper but the main
points to be noted here are that this paper was first founded and
distributed outside the country and it was highly vociferous in its
praise of Western modernization. Similarly, it was equally critical
of the Qajar despotism and what it saw as the backwardness of
the traditional life in Iran. It is obvious that such a publication
would prove unpopular with the authorities. This proved to be the
case, with the Qajar government banning Qanun from
entering the country. The people then tried to obtain the paper by
various methods so as make use of its advice and ideas. The
Constitutional Revolution owed a lot to this newspaper. In my view,
if Qanun had not introduced information about the modern
world to the people of Iran, using the modern concepts of law,
freedom and democracy and the modern system of political government,
then the triumph of the Constitutional Revolution could not have
happened.
3-Discourse analysis of the text
The discourse analysis of this Qanun
starts with the following question:
What were the
mediated socio-political discourse elements in this independent
newspaper? This question provides the main focus of analysis in this
part of the study. By analysing the socio-political discourse
elements the ‘attention’ and ‘the direction’ of this paper will be
discerned. These findings will help us to judge more accurately the
exact contribution made by this newspaper to the social and
political development of the country.
To find out the most
suitable units for analyzing the content of this newspaper, it is
important to look at and examine similar research that has been
carried out over the past years. ‘RADIRR’ is a project which
analyzed 9 ‘prestige papers’ from 5 developed countries over a
sixty-year time span (Pool et al., 1952). For such a large project
Pool (1952) suggested a list of different symbols and terms that
could be used to characterize different ideological, security,
doctrinal aspects, etc in these papers. Pool had counted seventy-two
ideological terms, which reflected the main political, social, and
cultural symbols he encountered during the course of his research.
The significance of this study is that most of the important
ideological symbols were identified, categorized, and counted as
indicators for political modernity. Terminology such as:
‘democracy’, ‘freedom’, ‘equality’, ‘free speech’, ‘reform’, ‘free
press’, ‘censorship’, ‘progress’, etc. are the most useful terms for
this study which seeks to analyse the most frequent social and
political symbols to occur in Qanun.
Through a detailed
examination of the list of ideological terminology developed by Pool
(1952) I have developed relevant social and political symbols for
modernization in this study, which will be regarded as specific
categories for analysis. Each one of these categories will have its
sub-category as shown in the following
Figure: 3
One or two
subcategories from each categories developed in Figure 3 will be
chosen in order to examine this terminology. These subcategories are
the most frequent ones that appeared in Qanun and indicate
its involvement in the introduction of modern political issues into
Iranian society, as shown in Figure: 4. Actually a number of other
categories and sub-categories may also be identified, but our focus
will concentrate on the most significant modern concepts in terms of
their contribution to the process of development and modernization
in Iran. Figure: 4 indicates those concepts, which will be analysed
in an effort to assess the extent of their contribution to the
process of change. The new meaning of these concepts will also be
explained. To put it another way, the analysis focuses on how Malkum
Khan utilised various forms of language to construct and establish
the meaning of modern political ideologies in Iranian society so as
to achieve development, progress and modernization. All those
sentences in Qanun that are related to one ‘topic’ (category
and sub-category) and one ‘theme’ are highlighted and
analysed. From these, certain examples are chosen to show the
newspaper’s process of producing meaning. It is important to note
that there are no translated texts of the Qanun newspaper in
English. I have carefully translated those sentences, which are
chosen from this paper for study.
In the following
section those sub-categories that are chosen for study will be
analysed. It is important here to note that the concepts of these
sub-categories are connected to the categories chosen in Figure: 3
(for more detail regarding some of these concepts see Pool, et
al.1952). For instance, concepts such as ‘freedom of expression’ and
‘the rights of the people’ derive from ‘Liberalism’; ‘parliament’
from the ‘parliamentary system’; and ‘law’, ‘Justice’ and ‘order’
from ‘law and order’. It is also necessary here to explain that the
term Adamiyat (humanity) society is used by Malkum Khan to
indicate the sort of grouping that he tried to establish to
propagate his political agenda. This concept is analysed as an
example for ‘groups and parties’ as indicated in Figure: 4.
Freedom of expression
According to Adamiyat (1961), “generally speaking, Malkum Khan in
all of his writing was concerned with the following issues:
‘freedom’, ‘law an order’, ‘reform of the political system’,
‘pursuing Western modernization’, ‘social justice’ ‘the rights of
individuals’, ‘development of the judicial and management system’,
‘economic development’, ‘fighting against superstitions’, and
‘reform in Persian calligraphy and the style of writing’ (Adamiyat,
1961, p.100). In all its various forms ‘freedom’ was and still is
the main social and political issue in Iranian society. One of the
first topics to be discussed by Malkum Khan in the pages of
Qanun
was the notion of ‘freedom’, especially ‘freedom of expression’.
Indeed, from the very first time that the term ‘freedom’, according
to its Western concept, was introduced into Iran (by Mirza Saleh
Shirazi in his ‘travel-book’ dated 1815, when he talked about
England as ‘the country of freedom’ as cited by Shahidi, (1983)),
until the triumph of the Constitutional Revolution in 1906, ninety
years was to pass in which Iranians were constantly struggling to
achieve such freedom.
The idea of liberalism necessitated the existence of freedom in
society. ‘Freedom of expression’ and ‘freedom of writing’ were so
crucial to Malkum Khan that he emphasised them from the very first
issue of Qanun.
According to
Qanun
the ‘power of expression’, ‘the ability to express good thoughts’
and ‘all progress and advancement of the world’ come from ‘freedom’
(Qanun.
No. 2, p.5).
The Iranian people
have not yet understood the meaning of the power of pen for the
power of pen depends on the degree of the freedom of the pen.
All the notable
members of the ministry are people who have revealed their art and
dignity with the power of pen.
All progress and
advancement in the world and all the boons of independence and
dignity of nations emanate from the power of the pen. But which pen?
The pen that speaks
by virtue of the law. (Qanun. No. 2, p.5)
The rights of the
people
Another principle
crucial to the idea of liberalism is the preservation of ‘the rights
of the people’ and ‘the rights of individuals’ in society. This idea
was also emphasised by Malkum Khan in his Qanun newspaper. An
examination of the statements which he made concerning the issue of
‘human rights’ shows that he was able to elaborate on this idea and,
by providing examples, to show its importance with a view to
introducing and institutionalising it in the society. Careful
examinations of the sections that are selected from Qanun
concerning the issue of ‘rights of the people’ show that Malkum Khan
dealt with this topic somewhat surreptitiously in conjunction with,
and under the guise of, other topics. The following is a list of
concepts drawn from sentences in Qanun that talk about the
‘rights of people’:
-The rights of
people do not belong to certain people they should be organised
on a national level so that all the people may benefit.
-The responsible
body for protecting the ‘rights of the people’ is the
government. Therefore, the government must act to guard the
rights of the people.
-The law of the
violators of human rights is neither a ‘human law’ nor an
‘acceptable law’. It should be changed to an acceptable law by
the people.
-The ‘humanity’
of human beings is guaranteed by ‘human rights’. Otherwise, Man
without human rights is no more than animal.
-The ‘union’ of
the people is the fundamental basis for protecting ‘human
rights’.
-The religious
Ulama should stand for the protection of the ‘rights of the
people’.
-The importance
of having ‘law’ is to protect the ‘rights of the people’.
-There is a
relationship between the idea of paying ‘tax’ and the
responsibility of the government to protect the ‘rights of the
people’.
The following are some examples from Qanun
related to the above discussion.
However, today you
must have understood that the rights of the nation shall never hold
any meaning unless the masters of the nation struggle for those
rights based on a national plan. It is obvious that the national
plan should be based on the truths, of Islam, and humanity. (Qanun.
No. 18, p.3)
The government that
violates the rights of her subjects is worse than the thieves of
time. (Qanun. No. 23, p.2)
Man without human
rights is an animal, an animal that shall have no fate other than
hardships however hard he tries. (Qanun. No. 27, p.1)
That wise preacher
who had written in this newspaper cried on the pulpit, “O religious
Ulama! O sages of the land! Know that all these tyrannies and
floods of tears flowing in Iran are due to your silence and cruelty.
By the command of God and by the command of nature, you should
preserve the rights of the nation. When you see them setting fire to
the life of Muslims, how do you dare say, It’s none of my concern?”
(Qanun. No. 8, p.1)
We do not demand what
is beyond the power of the government. We say, “Based on Islamic
principles, enforce in this country the laws that exist in Ottoman
cities and Indian villages and the wild American tribes. Imprison us
but by virtue of the law. Grab our money but by virtue of law.
Confiscate our rights and property but by virtue of the law. Loot
and plunder us but by virtue of the law. Banish us from the land but
by virtue of the law. Imprison our spouses but by virtue of the law.
Cut off our hands, feet and tongues but by virtue of the law. Burn
us but by virtue of the law. Cut open our abdomens but by virtue of
the law. (Qanun. No. 11, p.1)
Parliament
The idea of the
implementation of the law required a body that could establish
comprehensive laws as well as a system of government with which to
protect these laws. In this respect the idea of establishing a
legislative body is crucial. The concept of ‘parliament’, as the
best system, was introduced to Iranians as the Western method of
comprehensive law, which sought to satisfy and protect the majority
of people in society. In truth, most Iranian travellers to the West
who had written memos about European countries, stated the
importance of parliament in these countries and expressed the hope
that Iran could establish the same type of system in order to
protect the rights of their people, and to prevent government
tyranny and despotism (see for example Hairi, 1993). Malkum Khan
also tried to explain the importance of having a ‘parliament’ in the
country for the establishment of law. He saw that the remedy for the
misery of Iran lay in the hands of the Ulama and the Persian
scholars with the establishment of a parliament.
What is the remedy
for Iran’s misery? The remedy lies in the hands of the Mujtahids
and depends on the efficiency of the Persian scholars. The
Mujtahids and the great ones of the tribes should gather round
the king and eradicate these floods of misery in the Great National
Parliament by polity and legal codes in Iran. (Qanun. No. 18,
p.2)
He emphasised that
the independence of the great Ulama and the notable scholars
is an important element in making laws in the parliament, which aim
to protect both the state and the nation. These laws should be made
in accordance with Islamic principles. Without the parliament,
Malkum Khan stated that “the best laws of the world will be invalid
and meaningless” (Qanun. No. 6, p.2). In this regard he spoke
generally and argued that there is no difference whether we are
speaking about the implementation of Islamic or secular law.
We want to organise a
Great National Parliament in which the great Ulama and the
notable scholars may independently fix and constantly protect the
rights of the state and the nation according to the Shari‘ah
of God. (Qanun. No. 22, P.1)
The position of the
law is briefly treated in issue two of this newspaper. At least 100
Mujtahid and notable scholars and outstanding sages of Iran should
be gathered in the capital in a National Parliament and given
authority to fix and formally announce the laws necessary for the
organisation of Iran, and protect themselves and the law according
to a general agreement. Without the last condition, namely without
the existence of a national parliament constantly protecting the
enforcement of the law, the best laws of the world will be invalid
and meaningless. (Qanun. No. 6, p.2)
How should these laws
be fixed? What are the procedures for the establishment of a
parliament? What is the duty of the members of this parliament? How
many people should be in this parliament? And what is the
responsibility of these members towards the government and the
people? These questions and many others were raised and answered by
Malkum Khan and for two important reasons. In the first instance he
attempted to introduce the idea of parliament and its duty and
function in society, and from that, to show the government, as well
as the people, the method of establishing such a parliament. Malkum
Khan also emphasised the importance of the unity of the people. He
saw this as a prerequisite for the establishment of the Great
Parliament in the country. Without the unity of the people and the
power of union this aim could not be achieved.
Where should the law
be fixed and by whom should it be fixed? The organisation of the
laws in Iran should be the special task of the National Parliament.
(There are long subjects on this score.) (Qanun. No. 2, p.3)
This Great Court
Parliament is the prelude to the Great National Parliament. You are
not the members of the Ministers Cabinet. You are the councillors of
the Iranian nation. You are small in number. You must be at least
seventy people. Great Mujtahids and the scholars must be within this
parliament. (Qanun. No. 18, p.2)
All the ministers
must be responsible to your parliament. In other words, your
parliament should have the right to put to trial any minister who
has acted against the laws, and have him punished according to the
law after he has been proved guilty. (Qanun. No. 18, pp.2-3)
The head of the
parliament should be appointed by the Great Court as confirmed by
the king. There will be no limit to the sayings and acts of the
parliament members unless by command of the parliament. The decree
of the parliament will be based on the majority of the votes. The
councillors and the place and the time of the parliament should be
in control of the parliament as confirmed by the king. (Qanun.
No. 35, p.3)
The spirit of Islam
and the progress of the world have rendered the emergence of a
national parliament necessary. And the emergence of such a
parliament will not be possible unless by the endeavours of the
Ulama and by the power of union. And today, our first duty as
the servers of the brilliant religion is this that we should awaken
the people from all walks of life in any possible manner in all
meetings. Afterwards, we should teach them to be their own saviours
by the guidance of the brilliant because there is nothing for man
save what he strives for. (Qanun. No. 37, p.4)
If our king seeks
order in Iran as you keep saying, why does he not organise a
national parliament sooner? The reason is the one uttered by His
Highness. For the organisation of a state, the will of the king is
not sufficient. The people themselves should have enough intellect
to rise and ask for the law. (Qanun. No. 6, p.2)
In union, we cry in
the Qanun Newspaper that the law shall not appear unless by
virtue of the decree of the Great Parliament and this Great
Parliament will not come into existence unless in the union of the
people of Iran. And the union of the people will be possible unless
by power of humanity. Until here, the point is clear. However, the
important matter remaining is how to organise this humanity, by what
means to achieve this goal. (Qanun. No. 7, p.1)
Adamiyat
(Humanity) society
Malkum Khan did not use Adamiyat (Humanity) as
a simple or ordinary word. It seems that the whole of his political
struggle centred on this symbol which is chosen for a society that
Malkum Khan tried to establish in order to propagate his political
views. This word occurred in almost every page of this newspaper.
Across the entire text, it occupies 33% of the total percentage of
the other symbols (23 symbols), that are classified as ideological
and political.
When he was in France,
Malkum Khan became acquainted with the Freemasons. After his
return to Iran in 1859 he established a semi-secret organisation
similar to the freemasons called Faramushkhaneh (House of
Oblivion), “to make people familiar with modern ideas and
development.” (Martin, 1989, p.66). Faramushkhaneh attracted
many highly qualified reformers as well as students from Dar
al-Fonun. Among them were Amin al-Daulah, minister to
Muzaffar al-Din Shah, who initiated a series of reforms and Sayyed
Muhammad Tabatab’i, who became a prominent Freemason and a leading
constitutionalist figure (Algar, 1970; Afary,1996).
In contrast to
Faramushkhaneh, Adamiyat offered a wider forum in
attracting people to participate openly. Hence, Adamiyat
became an unofficial grouping, which required people to believe in
certain ideas and practices and certain ethical and moral
principles. Through such a concept, Malkum Khan was
able to succeed in presenting a unique ideological and
political complex through which people could become aware of new
opinions and ideas. Thus Adamiyat was itself an agenda
consisting of different roles and principles to be followed in order
to achieve progress and development. The following are examples
taken from Qanun to illustrate this point.
Do not think that the principles
of ‘Adamiyat’
(Humanity) come from outside the country. They are all from the
fountain of one truth, which is Islam. (Qanun. No. 16. P.3)
The spirit of our
thoughts and our acts is found in two words. First, the
establishment of ‘Adamiyat’ principles. Second, the
implementation of Islamic principles. (Qanun. No. 17. P.1)
Our principles all
come from ‘Humanity’. Our guidance is ‘Knowledge’. Our name is
‘Human being’. Our purpose is the ‘Salvation of Iran’. Our hope is
the ‘prosperity of the whole world.’ (Qanun. No. 17. P.1)
To propagate ‘Adamiyat’
there are two ways: one way is dark and without end, and the other
is clear and easy. The dark way is that you wait until all the
people enter the league of ‘Humanity’ then you accept it. The clear
way is that you, without waiting for the other people to join us,
become ‘Human’ and enter this league. (Qanun. No. 21. P.2)
Law
‘Qanun’ (Law) is
the central issue of Qanun newspaper. Indeed it was because
of the importance of ‘law’ that this paper was called ‘Qanun’.
From the moment Iranians became aware of ‘modern law and order’ in
European countries they have struggled to implement this system in
Iran. This struggle is a continuous one in the social and political
discourses of Iranian intellectuals. They see the problem as being
one of ‘understanding’ and ‘enforcing’ the law, a problem which as
yet remains unresolved. Because of the importance of law in society,
the analysis of this concept requires some more attention. Malkum
Khan had talked in various forms about law and its significance in
society. To establish a clear idea about the concept of modern law
he used different forms of interpretation and analysis. I have
classified almost all of what Malkum Khan has said about ‘law’ in
Qanun newspaper and have categorised it under various headings.
All the selected sentences do not necessarily fit just the one
subject to which they are allocated. Rather, many sentences can be
seen and evaluated in different ways and thus put under different
subject headings. My main aim here is to show how Malkum Khan used a
different language and different interpretations in order to
convince the people of the importance of the law for development and
progress. Therefore, what I suggest to be a kind of interpretation
is no more than a model for explaining what Malkum Khan tried to say
about this important matter in society.
The selected sentences
from Qanun, which talk about ‘law’ were classified under six
titles which are shown in Figure: 5. This serves to explain how
Malkum Khan interpreted this concept and elaborated an idea of ‘law’
in the hearts and minds of the people, and consequently succeeded in
establishing it as a popular discourse in Iranian society during the
late 19th century.
1-Informative
The term ‘informative’ refers to the use of various ways to explain
an idea. The information that is put forward in order to explain an
idea can be put in a number of different ways. The definition of the
idea, any information regarding the idea and the introduction made
to explain the importance of the idea, can all be placed under the
title of ‘informative interpretation’. Let us look at the ways that
Malkum Kahn tried to explain the concept of ‘law’ and its
importance.
We are greatly
thankful to the ambassadors of the countries for advancing the
advantages of laws in our country. (Qanun. No. 1, p.4)
Those ambassadors who
are human and true seekers of happiness for Iran, shall point out to
our government that after this, the survival of the government will
not be possible unless on the basis of just laws. (Qanun. No.
1, p.4)
The
law consists in gathering the powers of the people from all walks of
life with a view to protecting the general rights. (Qanun.
No. 2, p.2)
Of the laws in
England and other countries, we do not talk because it is as clear
as the sun that all those glittering places and that general welfare
and all those endless capturing and all those seas of wealth which
we see in foreign lands, all come from the establishment of the law.
(Qanun. No. 3, p.3)
Iran teems with
divine blessings. What has rendered all these blessings unused is
the lack of law. In Iran, nobody is the owner of anything because
there is no law. You choose a caliph without law. You exempt a
general without law. You sell the rights of the government without
law. You imprison the servants of God without law. You give from the
common purse without law. You cut open the abdomens without law. (Qanun.
No. 1, P. 1)
2-Ideological and philosophical interpretation
In this mode of interpretation Malkum
Khan tried to build up an ideological and philosophical basis for
the idea of ‘law’ in society. By looking at the selected sentences
below, it becomes clear how Malkum Khan tried to establish a new
ideological construct for law through the use of different concepts.
He stresses that without law there can be no religion, no justice
and no intellect in society. Let us look at how Malkum Khan
elaborated on this matter.
By virtue of what law
did they banish such and such a mujtahid? By virtue of what law did
they cut off the salary of such and such a general? By virtue of
what law was such and such a minister expelled? By virtue of what
law was such and such an ambassador appointed as ambassador? (Qanun.
No. 1, p.1)
The basest laws are
better than lawlessness. (Qanun. No. 1, p.4)
The law is
representing, guaranteeing and protecting human rights. (Qanun.
No. 2, p.2)
The state, which has
no laws, has neither religion nor justice nor intellect. (Qanun.
No. 11, p.1)
What we want is law
determined by the Almighty, His messenger and the authorities for
the welfare of the people in the world. (Qanun. No. 15, p.2)
The state that has no
law is the most depraved state on earth. (Qanun. No. 23, p.2)
3-Historical Interpretation
To
support his view of the importance of ‘law’ in society for
development and progress, Malkum Khan used examples from history to
support his argument. He believed that people would be encouraged to
support the idea of the enforcement of law if they knew that the
ancient civilizations would not have been possible without recourse
to a comprehensive system of law.
The
history of the world records that during the last forty-year reign,
there is not yet a word of law in Iran. (Qanun. No.1 p.2)
And we, who have been
a great state for three thousand years, have no other laws than the
madness of the madmen. (Qanun. No. 16, p.2)
4-Cultural interpretation
According to Malkum Khan, the
cultural problem was, above all else, the main obstacle standing in
the way of enforcing the law in the country. This problem is related
to the lack of understanding and intellect, which prevented people
from pursuing the implementation of law. Malkum Khan clearly stated
that the problem of the country is not merely the lack of law but,
moreover, those factors that prevented it from coming into being. He
identified two main obstacles in this respect. Firstly, that people
were not aware of the meaning of law and secondly, that they did not
know which policy to pursue in enforcing the law in the country.
These two problems are mainly related to cultural issues, which
Malkum Khan tried to explain in different places of Qanun.
The Ulama
and the scholars of Iran have always been aware of the good laws.
The weakness lies in the fact that they have never known what policy
they should follow for enforcing the laws. They still believe that
the enforcement of the laws is on the shoulders of the ministers.
They say we have good laws in our bosoms but the tragedy is that the
ministers do not enforce them. O esteemed scholar! The ministers,
who are able and liable to enforce the laws, were not brought up in
such a quagmire. After raising expectations, it is now considered
indecent for us to limit our duties to finding good laws. After this
duty of government seeking, it is our humane duty try to understand
what to do to enforce good laws in Iran. (Qanun.No.
1, p.2)
This cry of the
Iranian people and this sea of miseries in which we are all sunk,
has no other cause than the fact that we the Iranian people have not
yet understood the meaning and the power of the law. (Qanun.No.
2, p.2)
What
should we do to cause people to understand the meaning of law and go
after it? Firstly, understand it yourself and seek after it. What
can I do? Firstly, you are not alone. Secondly, if you have properly
understood the situation and if you have the dignity and the
language, you can unite many people to yourself. (Qanun.No.
5, p.1)
The pain of our
land is not in that we do not have laws. What laws are better than
those of the Almighty God, which have been proclaimed in the world
for 1300 years? The main pain, the national calamity is that we the
people of Iran have constantly been unaware of the conditions of the
enforcement of the laws. Instead of enforcing the law, the utmost
polity which has come to the minds of the scholars is that they hold
the law in their hands and plead with the tyrants of the time and
since this law is according to justice, and since you are the source
of justice, we plead with you to enforce this law for the people. (Qanun.No.
24, pp.1-2)
5-Social interpretation
Law, as a social phenomenon, has its
benefits and advantages in society. In the following statements
Malkum Khan explained these advantages. In his explanation, which I
have called ‘social interpretation’, he tried to show some of the
phenomena that could occur through the proper implementation of law.
Increment of intellect, dignity, humanity, joy and happiness are all
benefits mentioned as arising from the enforcement of law in
society.
According to
the news in Tehran, there has been recently nothing except the
praising of law and insistence on the necessity of law. (Qanun.No.
1, p.3)
Now we are
sitting here. If our house is confiscated and if our religion and
existence are trampled upon under a thousand oaths of redemption by
indication of a strange man, which office or what law do we have
recourse to? (Qanun.No.
3, p.3)
In
a land where there is law, the intellect, dignity and humanity will
increase moment by moment and the people excited by individual
interests and by force of the interest of the general welfare, will
day by day increase the discipline and glory of their state. Famine
and cruelty shall be eradicated. The blessings of life will be
abundant, the treasures of people will be secure, the schools will
be filled with knowledge, the officials will be sages, the farmers
will be able, the soldiers will be orderly, the rights of man will
be protected, the legal pleasures will be for everyone, everyone
will be joyful and happy, everyone will be protected by the law. (Qanun.
No. 11, p.3)
We do not
demand new laws. What we want is what God, His messenger and the
Muslim authorities have determined for the welfare of the world. (Qanun.
No. 12, p.3)
6-Political interpretation
One of the main aims of
the Qanun newspaper was to explain the importance of law in
the political life of society. How can a country such as Iran build
up a political system according to modern laws? In some parts of
Qanun, Malkum Khan tried to show the problems that arise from
the absence of laws in society, e.g. censorship, destruction and
despotism. On the other hand, the enforcement of laws will organise
the political system of the country and preserve security. It will
also control the authorities of the nation and prevent the
government from practising censorship and despotism. He emphasised
that the lawless state is the enemy of human rights. Moreover, in
his world-wide view of the importance of law for society he
explained that “a lawless state is the destructor of the world” (Qanun.
No. 12, p.3). Not only did Malkum Khan try to highlight the benefits
of the enforcement of law and the disadvantages arising from its
absence in society, he also tried to explain what laws should be
enforced and the different political implications they possessed.
For instance, in a very general and comprehensive statement on this
issue he stated that:
The first law, which
is the pillar of the people’s life, must be based on the security of
life, property and the family of people. No laws should be able to
imprison or torture anyone unless by decree of the laws. (Qanun.
No.35, p.1)
Malkum Khan realised that without a political system based on modern
law it is not only the relationship between the state and society
which is be based on the arbitrary nature of power, but also that
between individuals in society itself. This issue is explained well
by Lambton (1987). She stated that:
The arbitrary nature of power, extending from the level of the ruler
throughout society, had important consequences for moral personality
and for society at large. The individual was not an equal, free,
moral agent. However much Islam may have conceded the point in
theory, the conception of liberty as the essential condition which
an individual personality must possess under God in order that it
may translate itself what it is to what it has the capacity to
become was virtually non-existent in
Qajar
Persia. Liberty meant different things to different people. For the
ruler it meant perhaps little more than (the) freedom to impose his
will on his subjects. (Lambton, 1987, pp.xiv-xv.)
With this in mind, let us we look at the following sentences
from Qanun
newspaper.
So if we want the
law, we must ask our reason what we should do to enforce the law
prior to doing anything else. (Qanun. No.1, p.20)
The law should be
based on the principles of justice. (Qanun. No. 2, p.2)
The entire
destruction comes from lack of laws. (Qanun. No. 2, p.2)
It is obvious that a
country requires various laws to organise a state. Justice and
politics, farming and trading, army and tax, and every part of the
land and every position needs a special law. (Qanun. No. 4,
p.2)
In a land where
there is law, the control of the affairs of the authorities shall be
in the hands of the sages of the nation. (Qanun. No. 11,
p.30)
Give laws so that we
may pay taxes. Give security so that we give life. (Qanun.
No. 12, p.2)
A lawless state is
the destructor of the world. A lawless state is the enemy of the
rights of the people. A curse be upon the lawless states! Curse be
upon that stupid people who pay taxes to the lawless state. (Qanun.
No. 12, p.3)
After fifty years of
reign, and after turning Iran into a cemetery, they now want to fix
laws in Tehran. The intention is quite clear. The same deception of
people and the same victory of the tyrant that has become the habit
of the authorities of this reign during this long period. From a
system whose foundation is laid on tyranny and usurpation, what can
we expect from the law? (Qanun. No. 24, p.1)
Justice and order
As was mentioned in
Figure: 3 ‘justice’ and ‘order’ are some of the main outcomes of the
implementation of law in society. These two concepts were crucial to
Malkum Kahn and he tried, on many occasions, to emphasise their
significance and importance to the people. In his view there is no
‘order’ and ‘justice’ in society without the rule of ‘law’. The
issue of ‘justice was the most important demand made by Iranians in
the 19th century. This situation arose because of the absolute
despotism of the monarchy. Thus Malkum Khan’s linking of the concept
of ‘justice’ to the enforcement of law was a brilliant manoeuvre
that encouraged people to struggle for the establishment of the
‘Fundamental Law’ in the Constitutional Revolution. The statements
from Qanun newspaper in the following section are relevant to
this matter.
Justice
In Qanun,
Malkum Khan tried to establish a link between ‘law’ and ‘justice’ in
society. He emphasised, on one hand, that without law, justice can
not be established, and on the other, that law must be based on
justice.
The cry of protest of
the Iranian people is that justice should be based on law and we do
not have any laws in Iran yet. (Qanun. No. 1, p.2)
The law must be based
on the principles of justice. The principles of justice have been
fixed and clarified by God, the scholars and the wise in the course
of time. (Qanun. No. 2, P.2)
Order
‘Order’ is another
concept, which had a crucial significance for Malkum Khan in his
desire for the establishment of modern society. In different
places in Qanun, he tried to convey the importance of
this concept.
Iran is our home
and as long as there is no order in this home, it is obvious
that the comfort of the dwellers shall not be provided. (Qanun.
No. 2, p.1)
The greatest
hopes of the Iranian people depend on the order and presence of
schools. It is a pity that the spirit of disorderliness in Iran
does not allow these sources of advancement to have order. (Qanun.
No. 2, p.6)
We shall be heart
and soul in service of those ministers and officials who are
after advancement and order. (Qanun. No. 2, p. 6)
Conclusion
The above analysis and interpretation of
Qanun
shows clearly how this newspaper involved in the construction of
political thought and modernization of Iranian society during
the 19th century.
If other newspapers published for instance during the Nasir
al-Din Shah such as
Roznameh Vaqay‘ Ittefaqeyyeh
did not involve itself in social and political discourse, merely
reporting on state activities, Qanun by contrast not only
tried to bring these kind of debates to the surface, but
actively encouraged people to become critically involved in
discussion and argument. Qanun also used a different
language, not only in the style of writing, which was more
Persian than Arabic, and was simple, fluent and easy to
understand, but also in terms of a new language of
interpretation based on a combination of religious phrases with
secular elements. This newspaper is indeed the pioneer paper in
introducing the modern and Western thoughts and ideologies to
Iranian society. The method of introducing the modern concept of
‘law’, for instance, shows clearly Malkum Khan’s
ability
to use various forms of interpretation in order to make a
complex idea understandable and acceptable to the majority
within society. This method of interpretation is in itself a
pioneering step and forms a part of the wider contribution of
press to the process of modernization and political development
in Iran.
By introducing a
new system of government based on ‘elections’, ‘parliament’,
‘rights of the people’, ‘law and order’, ‘equality’ and
‘justice’, Malkum Khan went far beyond any other Persian
newspaper published during the Qajar period. One reason
for this was his intellectual ability and thorough understanding
of the modern social and political system. Indeed most of what
Malkum Khan suggested in the pages of Qanun was later to
become the manifesto for the Constitutional Revolution. There
are of course many others issues that could be extracted and
analysed from this outstanding paper, but within the limitations
of this study, the central issues have been identified and
discussed.
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