Work

سلطة ولي الأمر في تقييد الحريات السياسية للمصلحة العامة

Year: 2019
Type: article
Abstract: The ruler has a great status in the sight of Islamic Jurisprudence, as by whom the rulings of the Shari'a are established, and the people and the country are governed, as his behavior towards subjects is formed according the general interest, such as the conduct of the guardian regarding the orphan's money, so the ruler must consider such interest during his management of the affairs of subjects, the country and the nation should obey him in that.Islamic law has granted him wide powers, but they are restricted in accordance with its principles and rulings.He can manage the affairs of the country, manage matters of people, prevail justice among them, remove injustice from them, seek to bring interests to them, and remove the evil from their way.This research dealt with the authority of the guardian in restricting the permissible, and political freedoms, including (granting nationality, political participation, and expression of opinion) as part of permissible.It proved that the guardian has the right to restrict the permissible by religious restrictions and rules, away from passion, arbitrariness, prejudice and favoritism.If Islamic law has guaranteed to all Muslims the exercise of political freedoms, including granting nationality, political participation, and expression of opinion in accordance with Islamic Shari'a limits and rules, if such conditions are not fulfilled, the rules become beyond limit, or lead to any corruption, the guardian may then restrict them; Taking into account the general interest of all Muslims;the ruler has the power to restrict political freedoms according the public interest.
Language: Arabic
Open Access status: diamond
OpenAlex ID: W4285784390
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