Ma`rifat Hoghoughi

Some public law scholars consider the philosophy of separation of powers to be the control of power, guaranteeing the freedom of individuals, and avoiding corruption and tyranny resulting from the concentration of power. The aim of this research is to analyze the thought of Allama Misbah Yazdi regarding the separation of powers and its components. This research is written using a descriptive-analytical method and seeks to answer the central question of what is Allama Misbah Yazdi's view on the separation of powers? The research findings show that from the Allama's perspective, no specific form or type of government has been proposed in Islam, but the first principle in Islam is the concentration of power and there are no legal or rational forms. Similarly, at the beginning of the formation of the Islamic society during the time of the Prophet, who was founded in Medina, they were personally responsible for leading the three branches of government. However, with the expansion of the Islamic society and the need to manage affairs in different countries, a kind of separation of powers was formed at levels lower than that of the Prophet. During the occultation period, the jurisprudential foundations are based on principles according to which the leadership of each of the three branches of government is vested in the Supreme Leader, and at the highest level, that is, the position of Supreme Leader, there is no need for separation of powers. However, at lower levels, the need for separation of powers may be necessary. Therefore, they place the primary principle on the centralization of powers, but in emergency situations and based on need, they believe in the division of duties and separation of powers at lower levels.