نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری رشته فقه و حقوق دانشگاه مازندران
2 رئیس پژوهشکده فقه و حقوق پژوهشگاه علوم و فرهنگ اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The jurisprudential principle of respect (qaʿidat al-iḥtirām), as one of the foundational principles of Imamiya jurisprudence, occupies a central position in safeguarding individuals’ property, life, and dignity. Within the legal system of the Islamic Republic of Iran, this principle has been reflected—both directly and indirectly—in legislative enactments and higher-level legal documents. The Citizen Rights Charter adopted in 2016, particularly Articles 75 and 76, clearly manifests this principle in the sphere of material and intellectual property. The primary question of this study is how the position of the principle of respect in the Citizen Rights Charter can be evaluated and to what extent it can serve as a theoretical and practical foundation for guaranteeing the rights of the Iranian nation. Using a descriptive-analytical approach and a comparative method, this research examines Qur’anic and narrational evidence as well as the views of Imamiya jurists—including Ayatollah Khomeini and Ayatollah Khoei—and analyzes the relationship between this principle and the provisions of the Charter, as well as Iranian civil and criminal laws. The findings indicate that the principle of respect encompasses both dimensions of inviolability: the prohibition of unauthorized interference and the obligation of liability and compensation for damages. Accordingly, this principle can function as a valid normative foundation for protecting citizens’ property rights and privacy, serving as both the theoretical and practical underpinning of the Citizen Rights Charter. The novelty of this research lies in presenting a comparative mapping between the components of the principle of respect and the articles of the Citizen Rights Charter. It demonstrates that this principle has the potential to serve as a credible theoretical framework for policymaking in the field of citizen rights and for enhancing the efficiency of the legal system of the Islamic Republic of Iran. Consequently, the Citizen Rights Charter is not only grounded in the teachings of Imamiya jurisprudence but, in practice, can rely on the principle of respect to provide a more effective guarantee for safeguarding the rights of the Iranian people.
کلیدواژهها [English]
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