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Conflict of Government Orders with Individuals' Rights


Alireza Asgari‎, Soudeh Dehghan Shoar

Abstract

The religion of Islam is the last religion; it means that its rulings are eternally immortal. ‎On the other hand, human life is constantly evolving, and this transformation in every ‎age and time brings new needs, the responding to which is a new matter itself. To meet ‎this end, Islam has legitimized the rulings of the Islamic ruler, which means that the ‎Islamic ruler can, according to the established laws of Islam, be accountable for all the ‎changing needs in terms of the ruling government; these needs are of a temporary and ‎situational nature. In the Holy Quran, as well as the tradition of the Prophet (PBUH) ‎and the infallible Imams (peace be upon them), many examples can be found that the ‎practice and command of some Prophets and Awliyā (friends and allies of Allah) only can be justified by the ‎acceptance of the legitimacy of a government decree. Government rulings have a wide ‎circle that, in addition to the ruler's involvement in unnecessary sentences, it includes ‎the ruling of the ruler in mandatory tasks. In some cases, in the implementation phase, ‎there is a conflict between the rulings of the government and the rights of the actual or ‎legal persons, which, according to the scholars such as Imam Khomeini (RA), the ‎ruling of the government precedes other rulings‎‎‎‎.




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