Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence
According to international and regional documents, the right to political participation, and in particular periodic elections, are considered as human rights. Right to periodical election is considered as a negative right and produces obligations of results or obligations of immediate results right....
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| Format: | Article |
| Language: | fas |
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University of Qom
2016-11-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1015_0eb5d7648c034376514e663ab148439d.pdf |
| _version_ | 1797233138803408896 |
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| author | eyyed Qasem Zamani mohamad adami |
| author_facet | eyyed Qasem Zamani mohamad adami |
| author_sort | eyyed Qasem Zamani |
| collection | DOAJ |
| description | According to international and regional documents, the right to political participation, and in particular periodic elections, are considered as human rights. Right to periodical election is considered as a negative right and produces obligations of results or obligations of immediate results right. The right to elections and its periodicity has a serious relationship with the right to self-determination and it is a branch of it. This right may be limited or suspended under certain conditions.The issue of Periodicity of Velayat-e Faqih has been less elaborated in the Imamieh jurisprudence. The few discussions that have taken place around the periodicity, are more focused on social issues and do not have the precise jurisprudential examination. The result of this article is that the periodicity of Velayat-e Faqih is not in opposition to the Islamic holy religion. This is based on some reasons like “Moghadamate Hekmat”, “Principle of Establishment of the Islamic State”, “Principle of maintaining the Islamic system”. Of course, social, cultural, municipal, international and security interests and circumstances should be considered for making decision about the periodicity of Velayat Faqih, in practice, and preliminary allowance in Fiqh would not be enough. |
| first_indexed | 2024-04-24T16:11:25Z |
| format | Article |
| id | doaj.art-c039bb992ae541a28d17b1d812f6935a |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:11:25Z |
| publishDate | 2016-11-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-c039bb992ae541a28d17b1d812f6935a2024-03-31T19:05:49ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212016-11-01337710010.22091/csiw.2018.2330.12401015Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudenceeyyed Qasem Zamani0mohamad adami1دانشیار گروه حقوق بین الملل دانشگاه علامه طباطباییPhD student of international law at Allameh Tabataba'i UniversityAccording to international and regional documents, the right to political participation, and in particular periodic elections, are considered as human rights. Right to periodical election is considered as a negative right and produces obligations of results or obligations of immediate results right. The right to elections and its periodicity has a serious relationship with the right to self-determination and it is a branch of it. This right may be limited or suspended under certain conditions.The issue of Periodicity of Velayat-e Faqih has been less elaborated in the Imamieh jurisprudence. The few discussions that have taken place around the periodicity, are more focused on social issues and do not have the precise jurisprudential examination. The result of this article is that the periodicity of Velayat-e Faqih is not in opposition to the Islamic holy religion. This is based on some reasons like “Moghadamate Hekmat”, “Principle of Establishment of the Islamic State”, “Principle of maintaining the Islamic system”. Of course, social, cultural, municipal, international and security interests and circumstances should be considered for making decision about the periodicity of Velayat Faqih, in practice, and preliminary allowance in Fiqh would not be enough.https://csiw.qom.ac.ir/article_1015_0eb5d7648c034376514e663ab148439d.pdfhuman rightsright to political participationperiodic electionsvelayat-e faqihtimed period |
| spellingShingle | eyyed Qasem Zamani mohamad adami Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence پژوهش تطبیقی حقوق اسلام و غرب human rights right to political participation periodic elections velayat-e faqih timed period |
| title | Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence |
| title_full | Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence |
| title_fullStr | Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence |
| title_full_unstemmed | Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence |
| title_short | Periodicity of Elections in International Human Rights and Periodicity in Velayate Faqih in Emamieh Jurisprudence |
| title_sort | periodicity of elections in international human rights and periodicity in velayate faqih in emamieh jurisprudence |
| topic | human rights right to political participation periodic elections velayat-e faqih timed period |
| url | https://csiw.qom.ac.ir/article_1015_0eb5d7648c034376514e663ab148439d.pdf |
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