نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق، دانشگاه تبریز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
“Sovereignty” has been one of the fundamental concepts in public law that Without understanding it, one cannot have a correct understanding of the modern state. The present article discusses this issue in Nahj al-Balaghah and it has answered to the quastion: from the perspective of public law, what is the concept of sovereignty in the teachings of Nahj al-Balaghah? In answer to the question, using the research method: analytical descriptive, it has been tried first, to be told a documentary of Nahj al-Balaghah about the question. Then, it has reviewed the consequences of the public law. The research results are that first; In Nahj al-Balaghah, there are three types of perceptions of "sovereignty." Second; first kind of sovereignty that is the type of “crative”; that is particular of God. Third; second level in teachings of Nahj al-Balaghah, the concept of sovereignty has not mentioned to the meaning of modern age in rather than, the word basically, has mentioned with governor, sovereign, kingdom and ruler. Thus, in ancient world, the sovereignty has not mentioned as a legal institution of autonomous and independent, but it is incorporate the concept of public law conceptions that is to the other of goals. according such of dependence, “sovereignty” with “to govern” has fragil boundary of meaning and fanctional. Fourth; The third level of sovereignty is the type of “political”; is particular of people and there is no relating ring between people and God, but the joining relationship is the internal conception of the Moslems, and this perception is closest to the modern concept of sovereignty. Fifth; The recent conception of sovereignty has important implications for modern public law.
کلیدواژهها [English]
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