Ma`rifat Hoghoughi

Some public law scholars consider the rationale behind the separation of powers to be the curtailment of power, the guarantee of individual freedoms, and the avoidance of corruption and tyranny resulting from the concentration of power. The aim of this research is to analyze Allameh Mesbah Yazdi's thought regarding the separation of powers and its components. This study has been conducted using a descriptive-analytical method and seeks to answer the central question: What is Allameh Mesbah Yazdi's view on the separation of powers? The findings of the research indicate that, from Allameh's perspective, Islam does not prescribe a specific form or type of government; however, the primary principle in Islam is based on the concentration of power, and there is no religious or rational objection to it-just as at the inception of the Islamic society established by the Prophet (PBUH) in Medina, he personally assumed the leadership of all three branches of government. Nevertheless, with the expansion of the Islamic society and the need to administer affairs across various regions, a form of separation of powers emerged at levels below the Prophet. During the era of occultation, jurisprudential foundations rest on principles according to which the headship of all three branches lies with the Supreme Jurist (Vali-ye Faqih), and at the highest level-namely, the authority of the Guardianship of the Jurist-there is no necessity for the separation of powers. However, at lower levels, the separation of powers may become necessary. Therefore, he upholds the primary principle of the concentration of powers, but in extraordinary circumstances and based on necessity, he recognizes the division of tasks and the separation of powers at lower levels.