چکیده:
Haqq al-Nas is a very important religious proposition that has established a strong foundation in verses and traditions for protecting the rights of individuals in society. The wide scope of this category in jurisprudence has also crossed the boundaries of political jurisprudence and includes the field of elections. Introducing the category of Haqq al-Nas into the matter of elections indicates the realization of dynamic ijtihad in the matter of governance. The main question of this article, which will be examined using an analytical method, is the role of Haqq al-Nas in the process of the right to vote and the right to representation; since the category of Haqq al-Nas in the electoral process encompasses numerous cases, among the most important of which can be mentioned the right to vote and the right to representation. Being free and universal are important issues related to the relationship between Haqq al-Nas and the right to vote. Being free also encompasses the stages before the election, the election stage, and after the election. Regarding Haqq al-Nas and the right to representation, the confirmation, rejection, or lack of qualification of candidates is raised. In this regard, there are two approaches: one emphasizes the necessity of verifying qualifications and the other emphasizes the necessity of verifying the lack of qualifications in the matter of candidacy. The principle of 'no one has authority over another', the principle of 'occupation and precaution' are the foundational discussions cited by the first view, and the principle of 'candidate qualification' is cited by the second view. Given the necessity of commitment and expertise of the representative for the proper performance of assigned special tasks, the first view takes precedence over the second view.
خلاصه ماشینی:
Keywords Haqq al-Nas, right to representation, right to vote, human dignity, right to self-determination, verification of qualifications * Associate Professor, Department of Public Law, University of Tehran: khparvin@yahoo.
Introduction In the Islamic Republic of Iran, the valuable foundation of human dignity creates certain rights for the members of society, which is referred to as Haqq al-Nas. This expression, which has more of a jurisprudential character, has entered legal literature, especially in the category of elections, for some time.
Based on this important matter, one of the fundamental fields in Islamic public law, which while possessing an original essence, requires further derivation, is focused on the issue of the political-legal legitimacy of the government in a religious political system.
6 Foundations of Accepting the Theory of Referring to Public Opinions in the Code of Governance Based on the Theory of Haqq al-Nas The right to vote means enjoying the power of decision-making in social matters.
Freedom of choice, which is the second category of freedom in the right to vote, is almost protected in all countries enjoying an electoral system; even / some countries, to expand this type of freedom, have endeavored to maintain healthy election conditions by enacting certain rules and laws so that no factor can directly or indirectly create a process of voting and the selection of imposed individuals.
In general, legal systems have established certain conditions for granting the right of representation to volunteer individuals before the election by the people, and these conditions are based on matters such as moral, scientific, social, financial, and religious eligibility.
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