Explaining the Structural and Functional Differences and Similarities between the Constitutions of Iran and the United Arab Emirates in the Realm of Constitutional Law

Abstract

This article provides a comparative analysis of the constitutional frameworks of the Islamic Republic of Iran and the United Arab Emirates (UAE) within the realm of constitutional law. Utilizing the functionalist comparative methodology, the study examines how two fundamentally different political structures—a centralized theocratic republic and a traditional federal elective monarchy—address the shared challenge of integrating modern Westphalian statehood with Islamic jurisprudence. The core of the analysis focuses on their respective constitutional foundations, models of sovereignty, and the enforcement of fundamental rights and freedoms. The findings indicate that while both nations explicitly enshrine Sharia as a primary source of legislation and the ultimate normative boundary for civil liberties, their functional applications diverge significantly. Iran’s constitutional model of “supervised republicanism” relies on the Guardianship of the Jurist, employing Sharia as an ideological tool for revolutionary social engineering and rigorous state control. In contrast, the UAE’s model of “consensual federalism” utilizes Sharia pragmatically to maintain social stability, preserve the traditional authority of the ruling families, and facilitate rapid global economic integration. Furthermore, the comparison reveals that both legal systems functionally subordinate absolute individual autonomy to the collective religious and political order, whether justified through Iran’s strict “Islamic criteria” or the UAE’s reliance on “public order and morals.” Ultimately, this research demonstrates that Islamic constitutionalism is a highly adaptable framework capable of supporting varied governance models, illustrating how different nations tailor the synthesis of divine law and modern governance to their distinct historical, social, and political realities.