نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق عمومی، دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق علیه‌السلام، تهران، ایران.
2 دانشجوی کارشناسی ارشد حقوق عمومی، گروه حقوق عمومی، دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق علیه‌السلام، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
‘Law’ is the foundation and cornerstone in creating a legal regime. From the Constitutionalism Era until now, Muslim thinkers and scholars have always endeavored to investigate the concept of law and its related issues, and examine the ratio between legislation and canonization (Shariat). Among these scholars, martyr Beheshti has a worthy position due to his high scientific and jurisprudential capability and representation of an active role in codifying the constitution of the Islamic Republic of Iran. The current research, using a descriptive-analytical method, seeks to answer this question of what the position of ‘law’ and its related issues in the thought of martyr Beheshti is? The results of this research show that, according to the thoughts of martyr Beheshti, the existence of ‘law’ in a society is necessary for its management, and the mere factor of education cannot bring real felicity to the society and for this reason, he considers the law as a binding rule from a powerful source that imposes duties on the society, and if people disobey the law, they will be subject to punishments. From his point of view, the law governs all relationships between individuals, and everyone is equal before the law. Furthermore, in his view, law is divided into three types: authoritarian, national and universal. He believes that the ratio between law and freedom in Islamic society is such that the law determines the limits of freedom. The process of legislation in the Islamic regime is the confluence of ideologue and democracy, and in the process of writing laws, attention should be paid to the three important principles: rule of Islam, observance of public interests of society, and rule of justice.
کلیدواژهها [English]
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