Document Type : Original Article

Author

• amin allah paknejad

PhD Student in Public Law, Imam Sadiq (AS) University, Tehran, Iran.

Abstract

The extent and manner of government intervention and interference in the affairs of citizens has always been discussed by thinkers. This has led to the intersection of the good and the benefit of society and the freedom of individuals, sometimes thinkers tend to either side. In other words, the role of each in different ideas determines the scope of government intervention in various matters. At the same time, the question that arises is to what extent governments, in addition to the benefit of society, have the authority to enter the individual sphere of individuals in order to benefit them (prevent harm). Some, by introducing the concept of legal fatherhood, believe that the government intervenes in individual spheres, like a father. This issue can also be followed in Islamic principles. Therefore, the question arises that what is the relationship between legal fatherhood and Islamic principles and whether legal fatherhood is compatible with Islamic standards? Using a descriptive-analytical method, after searching for Islamic concepts, the author believes that legal patriarchy is generally justified by the rule of no harm, prohibition of self-harm, philosophy of religion and enjoining what is good and forbidding what is evil.

Keywords

• Legal paternalism
• paternalism
• the relationship between law and ethics
• Islam
• self-harm