Jurisprudential Explanation of the Responsibility of the Government in Dealing With Coronavirus Disease (COVID-19)

In these days, when infectious and contagious Coronavirus disease (COVID-19) has invaded society and the world, in addition to health problems for individuals and governments, many other aspects, including legal jurisprudential challenges, can be considered. Examples in this regard include the guarantee of sovereignty in loss of life, property, economic and health conflict, the application of the rule of kindness, quarantine and restriction of liberty, national security and retaliation, psychological security, and so on. Accordingly, the present study has been conducted in a specific way to examine some challenges and consequences of related legal jurisprudence, the arguments regarding the responsibility (obligation and status) of the government, and its theoretical framework.

In this article, the legal jurisprudential consequences of this contagious disease, in proportion to the present time and place and the need to produce and pay the rules of legal jurisprudence, have been considered to adequately explain the issue (Islamic jurisprudence view on infectious diseases and government responsibility). Considerable evidence of validity and abundant jurisprudential opinions have been examined using descriptive-analytical methods and library sources.

In this study, while examining and refining the jurisprudential issue of infectious diseases (according to some recent views on the conflict between jurisprudence and science) based on sources, evidence, and legal jurisprudential rules governing the duties and responsibilities of the government, described, analyzed and evaluated and with a new division and interpretation and a new look at the verses and hadiths and legal jurisprudential evidence, the duty and general responsibility, as well as the special responsibility of the government (in case of a negative or positive cause that can be cited and creates guarantee and damage), has been proven.