The challenge of establishing religious rites and regulations approved by the National Anti-Corona Headquarter -
Medical Figh,
Vol. 12 No. 42 (1399),
23 October 2020
,
Page 1-13
https://doi.org/10.22037/mfj.v12i42.34563
Abstract
Background and Aim: Coronavirus which has killed many people around the world, is a threat to public health. In this regard, most countries have imposed restrictions to control and manage this disease and is legally necessary to comply with the requirements and frameworks in these restrictions. Some of these frameworks, such as the need to uphold the rule of law, are general and the others are related to the structure and nature of governments. In Iran observance of Islamic regulations in accordance with the fourth principle of the Constitution is one of the most important requirements. Considering the approvals of the National Headquarters of Administrating Coronavirus, we are witnessing a simultaneous violation of the contents of the Constitution, including the third and fourth principles, so that the religious rites are not observed as a consensus among social rules and there is a contradiction in these limits between non-religious and religious gatherings. The present article seeks to examine the limits of the government's authority to impose restrictions on the performance of religious ceremonies and the bowing of rites.Materials and Methods: The present study, based on the library method, collects data contained in legal jurisprudential texts in relation to bowing of religious rites and also the scope of government’s duties during the outbreak of diseases. It uses a descriptive-analytical method to review different views and by referring to rules such as "non-discrimination", "fairness" and "proportionality" has tried to provide a suitable solution to resolve the contradiction between bowing of rites and eliminating the risk of disease.Conclusion: The findings of the article indicate that in the period of corona outbreak, various legal jurisprudential principles including the rule of destiny, the rule of Islamic regulations, the principle of proportionality, the principle of non-discrimination and the principle of fair behavior have not been observed by the National Headquarters of Administrating Coronavirus and it is necessary for the proposals of the members of this headquarters to be reviewed by religious and judicial experts before approval in order to create a relative balance between eliminating the risk of disease and bowing of religious rites.
- National Headquarters of Administrating Coronavirus ; Bowing of rites ;Coronavirus
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