Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"

Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the tradition...

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Main Authors: Mahdi Rezaei, mohsen ghaemi khargh
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2021-10-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_13660_ff4ca2d2cbcbf580eba814f51b333668.pdf
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author Mahdi Rezaei
mohsen ghaemi khargh
author_facet Mahdi Rezaei
mohsen ghaemi khargh
author_sort Mahdi Rezaei
collection DOAJ
description Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional order. In contrast, Etzali theology, contrary to the Kharijite or Ash'arite approach, while disturbing and struggling, has the concept of the right that the catalyst will be for the realization of the traditional order of the state and the advance towards the modern state. The proposed subject, without having a background and literature in pre-written writings, based on library studies and descriptive-analytical approach, to understand the form of right in the Etzali approach and its impact (as it is) on formation The modern State. This notion of Right, without regard to the modern state as a secondary and imposed nature, provides an epistemological basis for the formation of the modern state. This meaning, along with the divergence of Islam from the modern state in territorial dimensions, power-orientation and manifestations such as servitude, has considered the separation of the public sphere from the private sphere.
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spelling doaj.art-c781c55e4d214257b2902cea39ba6b502024-01-10T10:52:27ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162021-10-01237229932410.22054/qjpl.2021.53934.246013660Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"Mahdi Rezaei0mohsen ghaemi khargh1Assistant Professor, Public International Law, Allameh Tabataba’i University, Tehran, IranPh.D Student, Public International Law, Allameh Tabataba’i University, Tehran, IranRight is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional order. In contrast, Etzali theology, contrary to the Kharijite or Ash'arite approach, while disturbing and struggling, has the concept of the right that the catalyst will be for the realization of the traditional order of the state and the advance towards the modern state. The proposed subject, without having a background and literature in pre-written writings, based on library studies and descriptive-analytical approach, to understand the form of right in the Etzali approach and its impact (as it is) on formation The modern State. This notion of Right, without regard to the modern state as a secondary and imposed nature, provides an epistemological basis for the formation of the modern state. This meaning, along with the divergence of Islam from the modern state in territorial dimensions, power-orientation and manifestations such as servitude, has considered the separation of the public sphere from the private sphere.https://qjpl.atu.ac.ir/article_13660_ff4ca2d2cbcbf580eba814f51b333668.pdfconcept of rightislamic lawmu'tazilites theorymodern statetheory of state
spellingShingle Mahdi Rezaei
mohsen ghaemi khargh
Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
concept of right
islamic law
mu'tazilites theory
modern state
theory of state
title Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
title_full Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
title_fullStr Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
title_full_unstemmed Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
title_short Legal Foundations of Modern State; The Idea of "Referring State to the Concept of Etzali Right"
title_sort legal foundations of modern state the idea of referring state to the concept of etzali right
topic concept of right
islamic law
mu'tazilites theory
modern state
theory of state
url https://qjpl.atu.ac.ir/article_13660_ff4ca2d2cbcbf580eba814f51b333668.pdf
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