The attempt to realize the constitutional system and the rule of law in order to overthrow the monarchy system in the Qajar period brought about the challenge of conflicting the law with the Sharia and affected the social and political history of the recent two century of our country. In order to deal with recent challenge, some people believe that the legal system based on liberal democracy is compatible with Sharia and for this purpose they have cited the ideas of Mirza Naini. In this research the recent solution has been critically examined.
According to the findings of the research, the liberal legal system is one of the consequences of secularism in the modern period. Considering the inconsistency of secularism with religious thought, the acceptance of the liberal legal system requires the negation of the identity of Sharia and the revolution in its nature. From the arguments of Allameh Naini in the book Tanbiyeh al-Uma, it became clear that despite Naini's support for the constitutionalism, due to the rejection of secularism in his thought and the definite connection of the legal system based on liberal democracy with secularism, it is not possible to prescribe such a system from his opinions.