نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق عمومی، عضو هیئت علمی دانشگاه حضرت معصومه(س)، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In order to have a proper understanding and explanation of women's social-political rights, it is needed to know its jurisprudential fundamentals, because Iranian constitutional law is based on Islamic jurisprudential fundamentals. Jurisprudential rules are the reasons cited for the scope of women's political rights. The present study was conducted with the aim of investigating the role of jurisprudential fundamentals and rules in determining women's political rights in the Islamic Republic of Iran and with the help of a descriptive-analytical method. Due to the numerous citable jurisprudential fundamentals and rules, this study tried to examine the effect of each jurisprudential rule on understanding and explaining legal principles and respond to these questions: What is a basic rule with which women can have political rights when there are not any religious reasons in that case? What is the role of each of these general rules in analyzing legal principles? Based on the principle of non-guardianship, many jurisprudential theories rule on reducing the scope of women's political rights in assuming guardianship-related positions; while, according to some principles, such as permission, equality, sharing, and justice, mentioned in the Islamic Republic of Iran's Constitution, policies, and high priority documents, the extension of scope of women's political rights are emphasized.
کلیدواژهها [English]
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