نوع مقاله : مقاله پژوهشی
گروه فقه ومبانی حقوق اسلامی،دانشکده الهیات،دانشگاه قم،قم،ایران
عنوان مقاله [English]
Relation between Nafy-e-Sabil (Denial of Rule of Infidels) rule and international jus cognes rule
The rule of Nafy-e-Sabil is derived from the 141th verse of Nesa chapter indicating " god does not allow infidels to govern Muslims ". This study has aimed to respond this question:" if there is a conflict between Nafy-e-Sabil and jus cognes which one has precedence over another? " international jus cognes indicates the consensus of countries in extend to which it cannot be changed and jus cognes just is changeable by that generalities. if the international jus cognes is derived from divine book and tradition and corresponds with religious principles, it is not in compatible with Nafy-e-Sabil. But if the principle of jus cognes only includes the common law of wise people and scholars or consensus of countries, its provisions may be incompatible with Nafy-e-Sabil. The probabilities of entering or governing, and allocating between these two rules have been investigated and the precedence of Nafy-e-Sabil over jus cognes has been emphasized by Islamic country.
Keywords: Nafy-e-Sabil (denial of rule of infidels), international jus cognes, Islamic rights, governance, entrance.