Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 12 4 2025 12 22 The position of government and the fundamental rights of the people in the scope of the divine command theory: a comparative study of the views of Islamic and Western theorists The position of government and the fundamental rights of the people in the scope of the divine command theory: a comparative study of the views of Islamic and Western theorists 90 118 2502 10.22091/csiw.2023.6781.2053 FA Alireza Dabirnia Associate Professor, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran. 0000-0001-7259-5427 Komail Sadeghi . Ph.D Student of Public Law,University of Qom, Qom, Iran. Journal Article 2021 04 03 Although the theory of the divine is not considered as a political theory, it has left its own effects on the political field in different eras. The mentioned theory has been popular among Muslim and Christian theologians and it has special effects in political legitimacy, the function of the government, public rights and freedoms, and etc. In general, divine political legitimacy, extensive influence of the church and clerics in politics, and severe restrictions on public freedoms are among the effects of this theory.It seems that the dependence on revelatory textsand disregard for practical reason in the framework of the above theory has laid the foundation for the widespread violation of the fundamental rights of individuals. In the current research, the above mentioned theory have been investigated in a comparative way between Islamic and Western thinkers. Despite the many similarities between Islamic and Western approaches, significant differences can be seen between these two approaches. Finally, it seems that the modern approaches to the divine command can partially cover the problems of the traditional theories. Although the theory of the divine is not considered as a political theory, it has left its own effects on the political field in different eras. The mentioned theory has been popular among Muslim and Christian theologians and it has special effects in political legitimacy, the function of the government, public rights and freedoms, and etc. In general, divine political legitimacy, extensive influence of the church and clerics in politics, and severe restrictions on public freedoms are among the effects of this theory.It seems that the dependence on revelatory textsand disregard for practical reason in the framework of the above theory has laid the foundation for the widespread violation of the fundamental rights of individuals. In the current research, the above mentioned theory have been investigated in a comparative way between Islamic and Western thinkers. Despite the many similarities between Islamic and Western approaches, significant differences can be seen between these two approaches. Finally, it seems that the modern approaches to the divine command can partially cover the problems of the traditional theories. https://csiw.qom.ac.ir/article_2502_374238a6202c642a1e80033f9eb6cacd.pdf