The Abdication of the Ruler by God’ s Command in Islam Public Law; Investigation for possibility, Obligations and Requirements

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Safaei Ovandari Hamid Reza; Ghaemi Khargh Sayyed Mohsen

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Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2022 | Volume:13 | Issue:24 Page(s): 239-260

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Information Journal Paper

Title

The Abdication of the Ruler by God’ s Command in Islam Public Law; Investigation for possibility, Obligations and Requirements

Author(s)

Safaei Ovandari Hamid Reza | Ghaemi Khargh Sayyed Mohsen | Issue Writer Certificate

Keywords

resignationQ1

IsolationQ1

Islamic governmentQ1

The right of velayat (guardianship)Q1

Government as trustQ1

Government as agencyQ1

Abstract

Government formation and the basis of being against the situation of anarchy (the absence of government) and from one side the separation of “ government” and “ ruler by God’ s command” and withdrawal of confronting with the situation of imperfect (incomplete) government, governance has been situated between “ right” and “ duty” . This dual enigma (mystery) impacts from one side on accepting the government by Faqih (Islamic jurist) and from the other side on possibility of the abdication and also the proposition of supervision (inspection) and answerability. The present paper examines the feasibility of the resignation of the Islamic ruler, provisions and requirements comprised this statement. The note based on the descriptive-analytic method analyzes the present issue and at last reviews “ resignation” in the form of right. Of course, the effect of the secondary situations on the limitation of this right will be considered. Certainly, this impact does not have in a way to consider the resignation as ruling (hukm). In Sunni jurisprudence and the contemporary constitutions resignation has also considered “ right” but the base of this right is different in Sunni jurisprudence and Imamayeh jurisprudence and in the contemporary constitutions the absoluteness of this right situates against the qualification of this right in Sunni jurisprudence and Imamayeh jurisprudence.

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APA: Copy

Safaei Ovandari, Hamid Reza, & Ghaemi Khargh, Sayyed Mohsen. (2022). The Abdication of the Ruler by God’ s Command in Islam Public Law; Investigation for possibility, Obligations and Requirements. CIVIL JURISPRUDENCE DOCTRINES, 13(24 ), 239-260. SID. https://sid.ir/paper/403830/en

Vancouver: Copy

Safaei Ovandari Hamid Reza, Ghaemi Khargh Sayyed Mohsen. The Abdication of the Ruler by God’ s Command in Islam Public Law; Investigation for possibility, Obligations and Requirements. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2022;13(24 ):239-260. Available from: https://sid.ir/paper/403830/en

IEEE: Copy

Hamid Reza Safaei Ovandari, and Sayyed Mohsen Ghaemi Khargh, “The Abdication of the Ruler by God’ s Command in Islam Public Law; Investigation for possibility, Obligations and Requirements,” CIVIL JURISPRUDENCE DOCTRINES, vol. 13, no. 24 , pp. 239–260, 2022, [Online]. Available: https://sid.ir/paper/403830/en

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