Designing a system of public economic rights in the perspective of Shia jurisprudence with an emphasis on the theory of Martyr Sadr

Document Type : Original Article

Authors

1 Public Law Dept. Tehran University

2 Doctoral student of University of Tehran

Abstract

According to Article 156 of the Constitution, the restoration of public rights is considered one of the duties of the judiciary. In Islamic jurisprudence, the legislator has paid special attention to the observance of these rights and has demanded the entry of the Islamic ruler in various economic and social fields in order to protect these rights.
However, due to the conceptual ambiguity of public law, there have always been many differences of opinion among jurists in finding its examples, that we need to design a model to exemplify these rights in the society, So that the regulatory institutions take steps towards the restoration of public rights with increasing confidence and the people also demand this type of their rights with more certainty. In addition, considering the capacity of Article 167 of the Constitution regarding the possibility of referring to authentic Islamic sources in judicial decisions when there is no law, the court can use the findings of this research to issue rulings on public law issues with transparency and to issue a more thorough vote.
This research is trying to state what examples and based on which components are considered under the title of public economic rights in reliable Islamic sources? The hypothesis of this research is that according to jurisprudence sources, components such as the right to social security, social justice, and the right to government supervision can be considered as the foundations of public economic rights in Shia jurisprudence. This research was done with descriptive-analytical method and based on reliable library sources.

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