Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Aug 2022)

The Relationship between Civil Disobedience and the Rule of Law in a Religious Government

  • Mohammad Javad Javid,
  • Nasirollah Hasanlou

DOI
https://doi.org/10.22054/qjpl.2022.59931.2603
Journal volume & issue
Vol. 24, no. 75
pp. 117 – 148

Abstract

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"Civil disobedience" as a form of protest in socio-political activities is the act of deliberately violating a valid law for moral protest against the government. The justification of this socio-political idea has seen ups and downs in parallel with the emergence of widespread protest movements against governments in the Western world. One of the concerns of accepting this idea in religious government is philosophical justification based on the existence of a moral and political obligation to "obey the law" in law-abiding religious governments. Borrowing from the posed subjects in the legal and political literature of the West about the two mentioned doctrines, this article deals with the feasibility of combining civil disobedience and the rule of law in religious governments. The result is to prove the possibility of establishing a relative interaction between these two doctrines and accepting the degree of civil disobedience and the rule of law in religious government by separating the formal and substantive analyses of the rule of law. The research method of this writing is descriptive-analytical.

Keywords