Explaining the Status of Political Opponents in the Islamic Government Through the Recognition of Their Rights

Authors

    Mohammadebrahim Rezvani Nia Department of Law, Da.C., Islamic Azad University, Damghan, Iran
    Morteza Barati * Department of Law, Da.C., Islamic Azad University, Damghan, Iran mo-barati@iau.ac.ir
    Davood Dadashnezhad Delshad Department of Law, Da.C., Islamic Azad University, Damghan, Iran

Keywords:

Islamic government, political opposition, ideological opposition, freedom of belief, Islamic jurisprudence, Imam Ali, due process, national security, public order, rights and governanc

Abstract

This article examines the status, rights, and legal-religious foundations surrounding political and ideological opposition in an Islamic government, drawing on jurisprudential principles, historical precedents, and constitutional interpretations. It argues that Islamic governance does not inherently reject dissent but instead evaluates it through a multilayered framework that distinguishes peaceful critique from destabilizing rebellion and internal belief from harmful public action. By analyzing classical jurisprudence, including distinctions between belief and conduct, as well as modern legal approaches to due process, national security, and media regulation, the study demonstrates that political and ideological opponents occupy a recognized and protected space within Islamic political thought. Historical models—particularly the governance of Imam Ali—serve as foundational examples illustrating tolerance toward critique, the primacy of justice, and the ethical obligation to preserve human dignity even in the presence of disagreement. The article further outlines the rights afforded to opponents, including freedom of expression, participation, belief, conscience, and access to fair legal procedures, while also highlighting the boundaries imposed to prevent harm, sedition, or foreign exploitation. Through this integrated examination, the study shows that Islamic political jurisprudence provides a balanced and coherent system that safeguards legitimate dissent while upholding communal welfare and ethical governance. The findings contribute to contemporary discussions on Islamic political theory, offering a nuanced understanding of how opposition is conceptualized within a governance structure rooted in divine sovereignty and moral accountability.

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References

1. Tabataba'i MH. Al-Mizan fi Tafsir al-Qur'an. Qom: Islamic Publications.

2. Shari‘at Panahi Q. Foundations of Constitutional Law in Islam. Tehran: Samt Publications; 2005.

3. Misbah Yazdi MT. Islamic Political Theory. Qom: Imam Khomeini Educational and Research Institute; 2014.

4. Alikhani AA. The Status of Opponents in the Political Thought of Imam Ali (A.S.). Journal of Humanities Methodology. 2001;7(26):46-63.

5. Saeedi MH. Freedom of Political Opponents in the Government of Imam Ali (A.S.). Islamic Government Journal. 2000;18:1-25.

6. Allamah a-H. Qawa‘id al-Ahkam. Najaf: Islamic Publications.

7. Shahid a-T. Sharh al-Lum‘ah. Beirut: Dar al-Fikr.

8. Shahid a-A. Al-Lum‘ah al-Dimashqiyyah. Qom: Islamic Heritage Publishing.

9. Rasekh MH, Bayat Kemenghi A. Press Law and Freedom of Expression in Iran. Tehran: Mizan Press; 2012.

10. Abdollah Khani A. Social Security and National Security in Iran. Tehran: Political Science Research Institute; 2011.

11. Mandel R. The Meaning of National Security. Boulder: Lynne Rienner Publishers; 1994.

12. Mamqani A. Principles of Islamic Governance. Najaf: Islamic Heritage Press; 1942.

13. Khomeini R. Tahrir al-Wasilah. Tehran: The Institute for Compilation and Publication of Imam Khomeini's Works; 1984.

14. Fathi M. Rights of the Accused and Criminal Procedure in Iran. Tehran: Mizan Publications; 2014.

15. Behroozi Lak G, Kafili R. Strategies for Dealing with Political Opponents in the Islamic Government. Sublime Politics Quarterly. 2022;10(38):45-72.

16. Naraqi MA. Awaid al-Ayyam. Tehran: Classical Manuscript Edition.

17. Brzezinski Z. The Grand Failure: The Birth and Death of Communism in the Twentieth Century. New York: Macmillan; 1989.

18. Khoei Aa-Q. Al-Bayan and Legal Maxims (Mustand al-Urwat al-Wuthqa). Beirut: Dar al-Zahra; 1988.

19. Sobhani Tabrizi E. Comparative Constitutional Law and Political Freedoms in Islam and the West. Tehran: SAMT Publications; 2008.

20. Javadi Amoli A. Guardianship, Leadership, and Governance (Wilayah, Rulership, and Government). Qom: Esra Publications; 2007.

21. Razmarā A. Public Law and Fundamental Freedoms in the Islamic Republic of Iran. Tehran: University of Tehran Press; 2010.

22. Bahuti M. Kashshaf al-Qina'. Beirut: Dar al-Kutub al-‘Ilmiyyah; 1997.

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Published

2026-01-10

Submitted

2025-09-07

Revised

2025-12-01

Accepted

2025-12-07

Issue

Section

Articles

How to Cite

Rezvani Nia, M. ., Barati, M., & Dadashnezhad Delshad, D. . (2026). Explaining the Status of Political Opponents in the Islamic Government Through the Recognition of Their Rights. Journal of Historical Research, Law and Policy, 1-24. https://www.jhrlp.com/index.php/jhrlp/article/view/132

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