The essence and concept of legitimate freedom in the Iranian legal system.

the Islamic Republic of Iran. The core issue lies in the conceptual ambiguity surrounding legitimate freedom and its relationship with rights, duties, and legal constraints. Adopting a descriptive-analytical approach, this study examines the Constitution, statutory laws, jurisprudence, judicial precedents, and legal doctrine to investigate the foundations of this concept. The findings indicate that legitimate freedom does not imply “restricted freedom,” but rather signifies “protected and safeguarded freedom” against illegal interference. In the Iranian legal system, the freedoms recognized by the Constitution and other legal sources are inherently categorized as legitimate freedoms. Although freedom is an inherent and fundamental right, its exercise entails the duty to respect the rights of others. In instances of conflict between freedoms, Article 40 of the Constitution and the “no-harm principle” (prohibition of harm to others) serve as the key criteria for resolving disputes and defining the boundaries of these liberties. The research concludes that legitimate freedom is a comprehensive concept that extends beyond the scope of criminal law and should be interpreted within the broader framework of the Iranian legal system.

Keywords: Legitimate Freedom, Iranian Legal System, Constitutional Rights, Rights and Duties, No-Harm Principle.