نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشنناسی ارشد فقه و مبانی حقوق، دانشگاه قم، قم، ایران.
2 سطح چهار حوزه علمیه قم، کارشناسی ارشد فقه و مبانی حقوق، دانشگاه قم، قم، ایران.
3 مدرس درس خارج حوزه علمیه قم، عضو هیئت علمی دانشگاه قم، گروه فقه و مبانی حقوق اسلامی، قم، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Governments have a challenge with compulsion in cover and it can be a controversial issue. Compulsion in cover is unreasonable, because, first, there is a conflict between compulsion in cover and an individual's natural right to select his/her own cover, and second, this right belongs to God and it has no relation with humans; thus, this descriptive-analytical study was conducted with the aim of the feasibility of compulsion in cover with the help of rights. The data were collected from books and research texts related to rights and jurisprudence. After reviewing the literature, there was no research examining the subject of this study. The results showed that due to the right to select a cover in four domains of God's right, people's right, positive right, and natural right, compulsion in cover by governments is reasonable. In terms of God's right, religious obligation of covering is in company of its compulsion in the context of society, because enjoining good and forbidding wrong makes it logical. Concerning people's right, the government can reasonably make the cover compulsory whenever it realizes that non-covering can tramples on people's right. In the matter of positive right, if the cover is legalized, the government as the executer of rules can make it compulsory in the society. In the case of natural right, the government is logically able to restrict the freedoms that lead to any kind of turbulence and depravity although they are among natural rights. Therefore, compulsion in cover by governments is a reasonable issue.
کلیدواژه‌ها [English]
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