Volume 21, Issue 73 And 74 (9-2016)                   __Judicial Law Views __2012__, 21(__59__): __22420 | Back to browse issues page

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Esmailtabar A. The Necessity of Obeying God as the Foundation of the Islamic Right. دیدگاه‌های حقوقی 2016; 21 (73 and 74) :1-20
URL: http://jlviews2.ujsas.ac.ir/article-1-152-en.html
, a.esmailtabar@gmail.com
Abstract:   (3161 Views)

The Basis of the right is defined as the man’ obligation to follow the law in a society, and also the sources of the law are defined as the rules and credit propositions of a school. The issue attempts to answer the questions that why Human Begin should be law- bound or law- abiding? and what is the ground for the law- obedience of the human? The answer to these questions may be made from two divine and non- divine points of view. The latter one doesn’t recognize any role for the divine will in the law- obedience of the human. This approach defines the basis of the right in the form of an invisible force or motivation directing the human to follow the rules; consequently, the primary source of the law- under this thought- is the law legislated by the human’s will regardless of the divine will.
However, when the human calls God the present the All Mighty, the Knowledgefull and the Alive and believes in God’s creative will confined to creating things, in law- giving will confined to ordering rulings and the power of regulating behaviors confined to call for actions and omissions, then there should be the God’s will along with the human’s will concerning the issue of law- abiding. so, we should ask to what extent the law-giving will of God has the influence in the legislative will of human.
Therefore, the wisdom of human thinks and contemplates on the role of God’s will when the ground for the law- abiding the obligation of human is sought. The wisdom shall order to obey God as indefinite being as the wisdom has reasoned and proved its indefiniteness on the basis of the reasoning, calling the operation of the human’s will within the creative God’s will.
 

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Type of Study: Research | Subject: Pivate Law
Received: 2013/06/25 | Revised: 2019/01/06 | Accepted: 2017/11/28 | Published: 2018/01/20 | ePublished: 2018/01/20

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