نوع مقاله : علمی پژوهشی
نویسندگان
1 استادیار گروه علوم قرآنی و حدیث، جامعه المصطفی العالمیه، قم، ایران.
2 گروه حقوق، دانشگاه آزاد اسلامی واحد مشهد، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Religious freedom and the right to worship are considered to be the most fundamental rights of every human being based on dignity. However, in the critical conditions of captivity in armed conflicts, the realization of this right faces additional challenges.sufficient time, the possibility of purification, and access to spiritual guidance) in the two systems of Imami jurisprudence and international humanitarian law.
A review of the background shows that previous works have often been limited to a general description of the rights of prisoners and have neglected to provide an objective criterion for resolving the conflict (interference) of the right to worship with security requirements.The innovation of the present study is that it draws the boundary of legitimate prohibition of worship by citing the jurisprudential rule of interference and the criterion of “certain rational danger” versus “possible imaginary danger.” The findings show that in Imami jurisprudence, providing the possibility of worship for captives is not a moral recommendation, but a religious-governmental obligation on the Islamic state. This obligation is inferred from the inherent dignity of man, the rule of “no harm,” the rule of “negation of the mustache,” and the rule of “obligatory preamble.” On the other hand, international law (the Third Geneva Convention, 1949) recognizes this right as a human right, subject to considerations of order and security. Due to its inherent interpretability, this condition faces a serious implementation challenge in practice
کلیدواژهها [English]
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