The study of Legal Status of the Enjoining Goodness and Forbidding Evil in the "Patronage from Enjoining Goodness and Forbidding Evil" Code

Enjoining goodness and forbidding evil, a law arisen from human nature and his destiny, proves the necessity of intellect in human society. Article VIII of the constitution law considers invitation to goodness as a “Common responsibility”; hence in the Islamic community we must see its implementation as a legal obligation originated from Islamic teachings and precepts. This article referring it to other laws for determining its conditions, restrictions, and characterizations has distinguished an important strategy to resolve the ambiguities in the execution path. Accordingly, of the most important things that the law should be determined for is determining instances of enjoining goodness and forbidding evil, organizing and functioning institutions, executives, and the mode of action. This study seeks to answer the question what kind of status, limitation, and authority “enjoining goodness and forbidding evil” has in the legal system and particularly in the "patronage from enjoining goodness and forbidding evil code". Therefore, with descriptive-analytic method, explaining the legal status and authority in the Islamic Republic of Iran, we criticize the terms of "enjoining goodness and forbidding evil code", including open proceeding and avoidance of invasion to privacy, avoiding of practical measure to enjoiner and forbidder, not resorting to criminal acts, and finally teaching and learning.