Abstract:
Enjoining good and forbidding evil is not only a religious duty but also a positive legal institution in light of the eighth principle of the Constitution. This principle regards supervision as a universal duty and addresses it in three dimensions: people over the government, people over people, and the government over the people. Given that deepening and expanding the implementation of this duty and legal principle is one of the functions of Basij in the field of cultural affairs, this writing analyzes various issues regarding 'people's supervision over the government' in light of positive law to facilitate an understanding of its legal dimensions. Furthermore, this matter is part of the analysis of 'national solidarity and public participation,' which was named as such by the Supreme Leader in the year 1384. In the author's view, the function of enjoining good and forbidding evil is not limited to supervising the people; therefore, the field of Basij's activity should also expand to 'government (Basij) supervision over the government' and creating the groundwork for 'people's supervision over the government.'
Machine summary:
The main goal of this article is to process the eighth principle of the Constitution and emphasize the opportunities inherent in it for relevant institutions, including Basij, in order to facilitate important platforms for public participation and national solidarity through expanding the scope of the implementation of the rule of enjoining good and forbidding evil.
[1] The main hypothesis intended by the author is that: First; people's supervision over the government, which is intensely pursued today in positive public law, is one of the components of the jurisprudential and legal rule of enjoining good and forbidding evil, which has a long history in Islamic public law and, at the same time, is a channel for proving a religious democratic system.
" (Article 3 of the Law on Parties) In the Executive Regulations of the Activities of Islamic Associations (passed on 1360/7/10), the purpose has been removed from the definition of these associations, but in a separate article, while explaining their goals and duties, it is stated: Enjoining good and forbidding evil in the relevant units through: 1- Principled, logical, and advisory conduct toward all manifestations of corruption and depravity, in order to create a healthy and favorable work environment for the growth and flourishing of moral and human virtues according to Sharia regulations; 2- Brotherly and Islamic reminder and advice to each of the officials and individuals under necessary and appropriate conditions, while observing piety and Islamic ethics and without interfering in management responsibilities and in coordination with the general policy of the government of the Islamic Republic; 3- Providing practical suggestions regarding affairs and resolving deficiencies and inadequacies in the relevant unit.
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