Volume 5, Issue 1 (2020)                   2020, 5(1): 68-83 | Back to browse issues page

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Veskooi Eshkevari H, Zakaeian P, Mullah Kendallus F, Div Salar B. Legal Jurisprudential Explanation of the Rules and Principles Governing the rule of Maintaining Order in the Implementation of Islamic Rules. Quran and Medicine 2020; 5 (1) :68-83
URL: http://quranmed.com/article-1-455-en.html
1- PhD Student, Jurisprudence and Fundamentals of Islamic Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Chalus Branch, Islamic Azad University, Chalus, Iran. (Corresponding Author) , vaskoye.h.453@gmail.com
3- 3. Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
4- 4. Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
Abstract:   (2399 Views)
The rule of maintaining order is one of the most important rules that has been studied under the secondary provisions, and considering the extent of the provisions of this rule in terms of criminal law, private law and public law, it can be said that the implementation of provisions resulting from maintaining order can According to the implementation of the provisions of jurisprudential rules, such as the no-harm rule, the rule of domination, the rule of iodine, the rule of guarantee of iodine, etc., and the following legal principles such as the principle of expediency, the principle of enforceability of rulings, Society, the principle of legality of the sentence and dozens of other principles should be examined. The rule of maintaining order is a solution in exceptional circumstances, and the jurists, according to this rule, have forbidden any issue that disrupts the system, and have issued a fatwa on what is necessary to maintain order, and therefore the issue of the correct implementation of this The rulings that have been set in order to maintain the system and prevent the disruption of the system are important. Since the application of this rule will be possible in order to execute the binding sentence, therefore, studying the rules and principles governing the rule of maintaining order in the execution of the sentence is important in both jurisprudential and legal dimensions according to the library method. And analysis and description of the contents are studied in the present article.
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Type of Study: Research | Subject: Special
Received: 2020/04/8 | Accepted: 2020/05/30 | Published: 2020/06/20

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