Document Type : Academicm and Research

Authors

• Komail Sadeghi ¹
• alireza dabirnia ²

¹ PhD student of public law, University of Qom

² Associate Professor of Public Law, University of Qom

Abstract

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 texts and 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

Keywords

• Divine command theory, political legitimacy, public freedom, Saint Augustine, Theology of Ash'
• ari

Main Subjects

• Legal (Comparative Islamic and Western Law)