Jurisprudential Attitude towards the Concept of Right; from the Beginning to Now

The challenges of understanding "right" indicate that "right" is a broad concept in a way that most abuses and misunderstandings in the historical and civil space have been influenced by this concept. The purpose of this article is to analyze the jurists’ reading of the concept of right. It also seeks to study this concept in different religions and jurisprudential approaches in order to achieve the effect of the concept of right in the formation of religious state and its scope of authority over citizens’ rights. The importance and the need to write this text is because of the fact that socio-political demands as well as the legitimacy of the formation and continuation of the religious government are effectively linked to the interpretation of the concept of right and the development of the concept of "freedom" and its change from "liberation and removal of internal vices" to "freedom from formal and informal obstacles". First, it is necessary to attempt to explain the concept of right as the basis of all citizenship rights in political jurisprudence. From the results of the present writing, which is written based on a descriptive-analytical method, it is possible to draw the principles and development of jurisprudential perceptions of the concept of right and its transformation (i.e. changing the tools and process of inferring right), including three theories of custom, production, obedience right and legal validity. Proving the "effective ratio of the concept of the right to build a state as well as the scope of competencies of the religious state in seizing the people" is another result of this article.