نوع مقاله : مقاله پژوهشی
نویسنده
استادیارگروه حقوق، واحد دشتستان، دانشگاه آزاد اسلامی، برازجان، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The issue of “political resistance” in Islamic thought has primarily been framed through concepts such as religious duty, Jihad, commanding right and forbidding wrong, or confronting oppression,and has seldom been analyzed as a“fundamental right”with constitutional law implications. This situation has led to a theoretical ambiguity regarding the relationship between resistance,the legal order, and political authority within Islamic Constitutional Law; an ambiguity with significant consequences for the theory of political rights and the institutions guaranteeing fundamental rights.
The main research question is whether political resistance can be reconstructed as a fundamental right within the framework of Islamic Constitutional Law, and if so, what are its legal limits and criteria? The research hypothesis posits that the lack of conceptual distinction between the “duty to resist”and the“ right to resist” has prevented Islamic Constitutional Law from formulating political resistance clearly as a right, whereas a re-examination of the foundations of the philosophy of Islamic Public Law suggests the theoretical possibility of this reconstruction.The research methodology is descriptiveanalytical, based on conceptual analysis, jurisprudential-legal sources, and constitutional law theories. The findings indicate that political resistance in Islamic thought possesses the capacity to be transformed into a fundamental right, provided that it is elevated beyond the moral and obligatory level and redefined in precise relation to public order,the legitimacy of power, and the function of constitutional institutions. The conclusion is that recognizing political resistance as a fundamental right not only does not conflict with the foundations of Islamic Constitutional Law but can also enrich the theoretical basis of Islamic political rights and clarify the relationship between the citizen, the sovereignty,and the constitution.
کلیدواژهها [English]
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