An Evaluation of “The Right To Be Wrong” in the Legal Thoughts of Shiite and Western Thinkers

Document Type : Academicm and Research

Authors

1 PhD graduate in Public Law.

2 PhD Student in Public Law, Department of Public Law, College of Farabi, University of Tehran.

10.22091/csiw.2022.6609.2014

Abstract

Many Western thinkers distinguish ethics from law and legitimize some rights which are legal yet essentially immoral. This way, the right to be wrong comes into play in modern human rights discourse. The basic principles of this right include separation of law from ethics, non-interference of the State in norm-making, and acknowledgement of the right to civil disobedience.  However, there are some other Western thinkers who refute the right, and in effect its principles, holding that it leads to an unrestrained law. The Islamic thinkers, unlike Western thinkers, believe that the source of right belongs exclusively to God and that Man is obligated to follow the divine commands to achieve eternal bliss. They maintain that it is the duty of the State to set the scene for the obedience of mankind. And that it is only the divine law which is inclusive of both ethics and law and can lead man to salvation. Moreover, civil disobedience is strictly prohibited in Islamic law unless it is done in accordance with ethical principles and in Mantaqa al-Farāq. Use was made of the descriptive-analytical design in conducting the present study.

Keywords

Main Subjects

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Comparative Studies on Islamic and Western Law
Volume 9, Issue 4 - Serial Number 34
December 2023
Pages 239-274

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