Investigating Citizen`s Economic Rights and its Contradiction with Public Interest in Light of Imam Khomeini`s View
Message:
Abstract:
Citizenship economic rights are a meaningful and influential concept in the rights of every country, which is always to be considered by juristic, and the recognition of this proposition makes it possible to better understand the status of the rights of people in each country. In the legal system of Iran and Islam, especially after the Islamic Revolution, looking at citizenship economic rights, has been based on the domination of individuals on his property and ours. The main issue we are facing is the independence or lack of independence of citizenship economic rights from the public interest, and this is due to the difference in public and private rights. The main distinction of public and private law is that private law is related to contractual relations between equal and equal parties and public rights are governed by the relations of the parties between whom there is a relationship of sovereignty and nationality. Therefore, in public law, the state, by using its own means of governance, seeks to achieve public goals, and in the private law of individuals, by concluding contracts, they seek their own private interests, which makes it important that Imam Khomeini Had a special look and a broad view of the concept of expediency and did not constrain it within the framework of transactions; and according to his view, the individual and social interests of people are not in conflict, but complement each other, and whenever both Together in the decisions of the community leadership, society will lead to prosperity. In this research, we try to examine the status of citizenship economic rights in Islamic law according to Imam Khomeini's views.
Article Type:
Research/Original Article
Language:
Persian
Published:
Iranian Journal of Medical Law, Volume:12 Issue:46, 2018
Pages:
155 - 175
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