Document Type : Original Article
Authors
1
PhD student Department of Fiqh and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
2
Assistant Professor of the Research Institute of Quranic Studies with an Islamic lifestyle approach Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
3
Associate Professor Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ilam University, Ilam, Iran.
Abstract
Purpose: The rule of warning or warning is one of the most important and widely used rules in the field of jurisprudence and law, according to this rule, anyone who warns others before performing any dangerous and deadly operation will be exempted from civil and criminal liability. If the receiver of the warning ignores and causes damage to him, the warning will be exempted from civil and criminal liability. Also, governments, based on their human rights obligations, are responsible for providing health and medical services in the conditions of an infectious disease outbreak, and the provision of these services is not only limited to the citizens of a state, but also the commitment to international cooperation as a complementary mechanism to empower and increase global capacities to deal with With infectious disease, it will exist for all governments. On the other hand, the commitments of the governments in the conditions of the Corona crisis have not been implemented in the desired way and the right to public health has been affected by some nationalistic approaches.
Materials and Methods: Based on the library method, this article collects opinions related to jurisprudence in the conditions of infectious and epidemic diseases with the jurisprudential category, the legal guarantee due to the violation of the right to health in the face of infectious diseases, with an emphasis on the rule of caution, and with a descriptive and analytical method. He has devoted himself to their criticism.
Conclusion: The findings of the article indicate that the jurisprudence-legal system has the ability and capacity to suspend or appropriately change the normal Shari'a propositions based on the critical conditions and based on the warning rule, and as necessary, the norms and Determine requirements and make them binding. Therefore, the jurisprudence system can be considered efficient in providing order to social crises, and the coexistence and synergy of jurisprudence and law can be strengthened in accordance with emergency conditions in both national and international fields.
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