Islamic state and exceptional situation in Iran from the perspective of Islamic Fiqh

Document Type : .

Author

assistant professor and faculty member of Payam Noor University

10.30465/cps.2024.48726.3384

Abstract

With the advent of modernity, the discussion of the state and its related issues was proposed and followed in Islamic civilization. The government is basically the establishment of a public institution to provide and guarantee people's rights. Therefore, it is expected that the government will always defend the rights of the society through a tool called the law. But in many cases, it is observed that the government exceeds the limits of its authority. What is sometimes referred to as the theory of the state of exception. Therefore, the main question of this article is about what is the state of exception and what are its results for the Islamic state. The hypothesis of the research is that due to the constantly changing nature of human collective life, there is a possibility that under certain conditions the government will be forced to go beyond the law and suspend it. The research results have shown that although the governments, in general, and the Islamic government, in particular, are obliged to respect the rights of different members of the society, they can temporarily suspend the laws in exceptional circumstances and of course under the condition of public interest. The approach of the public law article and the method of data collection was library and documentary

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Contemporary Political Studies

Articles in Press, Accepted Manuscript
Available Online from 05 June 2024

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