المعيار الحقوقي و سؤال الشرعية و المشروعية : دراسة في الاجتماع السياسي الإسلامي

Abstract EN

This article deals with the issue of political legitimacy from a human rights perspective as conceived by Muslim jurists.

within this context, the research focuses on two pivotal issues : how to define the legal standard, and its relationship to legitimacy and legality.

concerning the first issue, as explained by the jurists, the relationship between the nation and the ruler is both contractual and merciful.

the ruler is obligated to guarantee the rights of the nation as a precondition for entitlement to obedience.

regarding the second issue, political legitimacy, as viewed by jurists, is closely associate to the rights, which means that the infringement of rights by the ruler is considered as a violation of legitimacy.

the main question raised by this paper is related to the limits of this violation : how the arbitrariness of the authority can be considered as a violation of legitimacy, and what is the criterion adopted by jurists in term of distinguishing between violation of legitimacy or legality ?