Separation of Powers Between the Islamic System and the Republic of Iraq and Iran A Comparative Study

The principle of separation of powers is one of the most important basic principles of the modern state in the field of constitutional law, and its application varies from one state to another according to the nature of the system of government in it. The separation of powers in the Imam ate Islamic system (Islamic law) is not intended to avoid tyranny an dictatorship in power, but rather to distribute jobs, tasks and jobs to the three authorities for the purpose of achieving the desired goals. As the I mami jurisprudence does not agree to install three independent authorities at the head of the government according to what is applied to Western systems, but rather decides to appoint a person with special characteristics and specifications through which he can manage various matters according to the theory of Velayat-eFaqih. The importance of the research lies in clarifying the fact that the principle of separation of powers in the Islamic system (Islamic law) has characteristics that prevent the tyranny of the legitimate ruler in power, because it is based on a belief-belief principle of the tolerant Islamic Sharia that prevents tyranny in power and in turn dispenses with the idea of separation of powers. The principle of separation of Iraq and Iran, the two Islamic states, differ and converge on the principle of separation of the Islamic system (Islamic Sharia), according to the nature and system of both countries in terms of time and place. The analytical descriptive research method was used for the legal texts and the opinions of the front jurists on the separation of powers. We conclude through the research that the system in the Islamic Republic of Iran is one of the applications of the Islamic system, due to its great dependence on the principles and texts of Islamic Sharia in most of the principles and chapters of the Iranian constitution, as well as in the Imam Islamic system, it is permissible to concentrate power in the hands of one person, the infallible Imam or his deputy, and this matter does not contradict Distribution of power to individual authorities under his supervision and control.