نوع مقاله : علمی و پژوهشی
نویسنده
حقوق عمومی دانشگاه پیام نور
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The analysis of the verses and narrations related to the concept of freedom shows a comprehensive view in which freedom is defined as an inherent right in interaction with the system of Shariah duties and social responsibilities. The present study, with an analytical-inferential approach, explains the nature and scope of the "right to freedom" in the juridical-legal system of Islam. Using ijtihad methodology and qualitative content analysis of jurisprudential sources, this study infers the structural relationship between the principles governing freedom such as the principle of negation of the mustache, the principle of obscenity and the rule of consolation and explains the system governing these concepts. The results of the research confirm that the limits of freedom in Imami jurisprudence are based on three fundamental principles: the principle of public interest, the principle of justice as the proportional distribution of rights and duties in the social system, and the principle of balance between individual rights and social responsibilities. This conceptual system, based on secondary jurisprudence rules, has prepared preventive and supervisory mechanisms to prevent the abuse of freedoms. The distinguishing feature of this research is presenting a systematic model of the legal structure of freedom in Islamic jurisprudence, which provides an efficient framework for managing legal conflicts in contemporary societies by explaining the moderating and regulatory mechanisms.
کلیدواژهها [English]
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