Conceptual Analysis of "Public Order" and "Safeguarding the System"

Public order is a concept widely used in legal studies. This concept seems apparently simple and easy to understand, yet, it is actually difficult and hard to grasp; in the sense that lawyers and, as a consequence, legislators always emphasize its protection, and stand against any factor disturbing it through asking the help of official or administrative, legal, and punitive methods. In spite of this, more elaborately, since in any legal system public order is firmly linked with the fundamental values ​​and sources of law, it is a completely situation-based and time-based concept. For this reason, the recognition of this concept in Iranian legal system, which is closely related to the concepts and rules of Islamic fiqh, depends on the conceptual understanding of the principle of safeguarding the system. Indeed, although public order has entered into the legal literature and legal system of Iran,  through the French legal system, especially Article 6 of the civil law of that country, it should be considered that the origin and structure of its application has fundamental differences with the Islamic principles; therefore, in answering the question that “ What are the differences between the origin and structure of the application of the concept of public order and that of the concept of" system”, the researcher of the present study believes that although both concepts are derived from social requirements, due to the difference in fundamental values ​​and principles of their citation and application, they have some major differences. Descriptive-analytic method is used in this research