1
Associate Professor, Faculty of Theology, Allameh Tabatabai University of Tehran, Tehran, Iran
2
Ph.D. in pure philosophy, Associate Professor and member of the Board of Trustees of Bagheral Uloom University, Qom, Iran
Abstract
Drawing upon a descriptive-analytical method, this article explores the role of the governing authority in the Islamic society within the family legal system. It aims to explain certain Islamic principles regarding governance and family. In the Islamic legislative system, the ruler or, broadly speaking, the governing authority is the one that clearly directs governmental laws, coordinates institutions, and organizations. Moreover, the ruler is responsible for supervising social and political institutions. In Islamic jurisprudence and law, one of the entities that the Muslim ruler is permitted to enter is the private sphere of the family. The governing authority is permitted to enter the family's privacy only when the legal and ethical standards are overlooked. The question then arises: “What is the basis for the governing authority to enter the family’s privacy based on juridical-legal standards?” This study initially documents the rule “Al-Hākim walī al-mumtaniʿ” [sovereign is the substitute for the person who refrains to perform his obligations] indicating the judicial entry of the governing body into the family sphere before examining and analyzing the supportive dimensions of the governing authority in the family legal system.
sharifani,M and ghomi,M . (2024). Exploration of the Role of the Ruler of Islamic Society in the Family Legal System. Islamic Government, 29(1), 139-160.
MLA
sharifani,M , and ghomi,M . "Exploration of the Role of the Ruler of Islamic Society in the Family Legal System", Islamic Government, 29, 1, 2024, 139-160.
HARVARD
sharifani M, ghomi M. (2024). 'Exploration of the Role of the Ruler of Islamic Society in the Family Legal System', Islamic Government, 29(1), pp. 139-160.
CHICAGO
M sharifani and M ghomi, "Exploration of the Role of the Ruler of Islamic Society in the Family Legal System," Islamic Government, 29 1 (2024): 139-160,
VANCOUVER
sharifani M, ghomi M. Exploration of the Role of the Ruler of Islamic Society in the Family Legal System. Islamic Government. 2024;29(1):139-160 (In Persian).