Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 207-223 | Back to browse issues page

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Jokar S M. Jurisprudential and legal fundamentals on governmental duties in the obligation to prevent and control contagious disease (COVID-19 case study). MLJ 2021; 15 (56) :207-223
URL: http://ijmedicallaw.ir/article-1-1102-en.html
Department of Theology, Faculty of Humanities, Yasouj University, Kohgiluyeh and Boyerahmad, Iran
Abstract:  
Background and Aim: There is an undeniable divine gift in the name of health and well-being in creation and human life, which may be endangered at times. The purpose of the present article on hazards are the threatening factors that are known as infectious diseases. Following the outbreak of infectious diseases such as tuberculosis, cholera, plague and some deadly diseases such as malaria, typhoid, AIDS, hepatitis and Ebola, the rapid proliferation of a deadly virus called "corona" has become a new and serious topic in the medical community. In order to ensure the health of the people, solid and well-founded jurisprudential-legal principles to create a duty on the Islamic State in the obligation to prevent and control the spread of coronary heart disease can be imagined that the purpose of writing this article, citing jurisprudential-legal arguments and rules, and jurists Expressing the duties of the government in this regard. 
Materials and Methods: The consistency of this article, like other jurisprudential and legal studies, is based on data extracted from the jurisprudence and law system, and the research method is descriptive-analytical and based on the analysis of the views of Imami jurists and the opinions of jurists.
Results: In the Islamic legal and political system, the government refers to all the pillars of government, including legislative, executive and supervisory, which in the field of ensuring the security, welfare and health of the people, according to the citation, solid jurisprudential and legal arguments, has the duty to ensure the health of society.
Conflict of interest: The present study has not been previously published in other scientific journals and is not dependent on any place in terms of research and study originality and is merely a product of the author's thinking and study and is not financially related or influenced by any organization or institution.
Ethical considerations: While observing fidelity in analysis, considerations related to research ethics as well as fidelity in quoting texts and citing sources were observed.
Conclusion: In Imami jurisprudence and Iranian law, rationally and religiously, based on clear criteria called the relationship of citation, specific duties and responsibilities based on the four arguments and rules of jurisprudence in the obligation to prevent and control infectious diseases, especially coronary, can be assigned to the Islamic State.

Cite this article as: Jokar SM. Jurisprudential and legal fundamentals on governmental duties in the obligation to prevent and control contagious disease (COVID-19 case study). Medical Law Journal 2021; 15(56): e13.
Type of Study: Original Article |
Received: 2020/03/15 | Accepted: 2020/09/16

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