Document Type : Original Article
Authors
1
PhD student in Fiqh and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Sciences, Science and Research Unit, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Fiqh and Basics of Islamic Law, Faculty of Fiqh and Law, Adalat University, Tehran, Iran
3
Associate Professor, Department of Jurisprudence and Law, Faculty of Humanities, Shahid Motahari University, Tehran, Iran
4
Professor, Department of Jurisprudence and Law, Faculty of Humanities, Shahid Motahari University, Tehran, Iran
Abstract
The Constitution of the Islamic Republic of Iran, as the highest legal document of the country, is the result of a wise process of research and ijtihad by jurists and jurists with an emphasis on the foundations of Shia political jurisprudence and influenced by the views of Imam Khomeini and presenting a new plan of the government system using the laws and rules of Islamic political jurisprudence. Is. The rule of negation of the mustache is one of the jurisprudence rules which is very efficient and effective in order to realize the theory of society administration and regulation of Muslim relations in various social and personal fields, and guarantees the negation of any intellectual, social and economic tyranny, but regarding this rule, the approaches There are different ones, each of which causes different requirements regarding how to deal with non-Muslims, therefore, in this article, while reviewing these views, it answers the question that according to the different approaches to the rule of negation of the mustache, the Islamic Republic of Iran's constitution based on Which approach has been formed and what are its requirements in how to interact with non-Muslims? research method The findings of the research indicate that the approach of the constitution to this principle is a kind of negation of conditional authority, and the interpretation of the constitution is highly oriented to the interests of the Islamic system and to the requirements of time and place.
Keywords
Main Subjects
)