The Restrictions of Public Freedom in Islamic and Secular Governmentsi

Abstract

Public freedoms are, through a set of obligatory legal regulations, sought to guarantee the inherent body of human privileges which are considered as natural characteristics of mankind, and dealt with in some international legal documents and municipal law. In municipal law, while expressing the sanctions of rights and social freedoms, some restrictions are imposed on them. Referring to the international documents concerned to public rights and freedoms shows that there are two kinds of limits: respecting others freedom and public interests. There are some differences between Islamic and secular governments in this field which studied in the present article. Accordingly, at first, we review the concept of human rights and public freedoms, and then go on to prove the principle of the existence of restrictions on public freedoms in various governments. Subsequently, the freedoms of others and the public interests as tow main restrictions on the rights and public freedoms will be studied comparatively. It seems that there are no differences in the norms of the restriction of public freedoms between Islamic government and liberal governments, but the difference is in the definition of “freedom” and “public interests”, that is not a subject of legal science, and the legal systems based on the ruling values of governments, use those conceptions and definitions in order to create a legal obligation.

Keywords

• public freedoms
• freedom restrictions
• others rights
• public interests
• islamic government secular government