نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
The concept of an exceptional state represents a temporary deviation from the principle of the rule of law, introduced as a legal mechanism to manage inherently abnormal, crisis-driven situations. Although the governing rules of such a state are not purely legal in nature, but rather command-based and regulatory, they nonetheless operate within a structured framework intended to uphold order during times of national emergency. Contrary to perceptions of legal disorder, the exceptional state is not synonymous with legal chaos. The present study aims to explore how certain Islamic legal systems respond to states of emergency and what legal and extra-legal conditions govern such exceptional situations. Utilizing a descriptive-analytical methodology and a micro-comparative approach, this research addresses the central question: What are the core legal and meta-legal requirements for implementing an exceptional state within selected Islamic jurisdictions? The findings indicate that the exceptional state occupies a liminal space between law and politics and can only be legitimized through the observance of fundamental safeguards. These include preventive measures grounded in statutory law, designation of a competent authority to declare the exceptional state, establishment of efficient governance and oversight structures, temporal limitation of emergency powers, judicial review, protection of fundamental rights, and the non-derogability of essential civil liberties. Notably, despite these safeguards, the exceptional state necessarily entails certain justifiable restrictions aimed at preserving public interest, national security, and public order.
کلیدواژهها English
