The study of democracy and people's sovereignty in Shia jurisprudence relies on domestic and international laws

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Field and Aims

 In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government comes from the sovereign will of the people, and governments guarantee the rights and freedom of the people.In fact, maintaining and respecting such mutual rights is necessary for the individual and the society. Because it is only in the shadow of fulfilling duties and fulfilling the right that the government and the individual can grow. In the Islamic system, there is a direct relationship between the people and the absolute sovereignty of God, and the people have been granted the right to self-determination, and the people have accepted this religious basis. The purpose of this research is that considering the fact that the government of Iran is republican and Islamic, this article aims to address the issue of how far the law of Iran as a republican state and Imami jurisprudence as well as international documents is correct. The sovereignty of the people and the establishment of democracy have been taken into account, and on the other hand, considering its Islamic nature, how has this right been applied?

Method

The research method in this article is conventional in human sciences and the method of library study, which was compiled by analyzing the available materials in an analytical and descriptive way, while finding the necessary research and responding to the points and issues rose in this article.

Finding and Conclusion

In the present study, the internal aspect of the right to self-determination, which is the right of the people to elect the government system and participate in the decision-making of the society, in terms of international laws and documents and the law of the Islamic Republic of Iran, which is based on Islamic jurisprudence, and its adaptation to Islamic jurisprudence , has been investigated and it can be seen that the Islamic Republic of Iran is a system based on religious democracy, which has been very successful in establishing a democratic system. Also, by studying Islamic sources, we can say that there is no conflict between the principles of Islamic jurisprudence and the right of people to rule, and the difference is in the rules of rule.

Language:
English
Published:
International Legal Research Scientific Quarterly, Volume:16 Issue: 60, 2023
Pages:
57 to 82
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