نوع مقاله : مقاله پژوهشی
1 دانشیار جامعه المصطفی
2 کارشناس ارشد فقه سیاسی و دانشجوی دکترای فقه و حقوق جزا دانشگاه آیت الله حائری میبد
عنوان مقاله [English]
In every community, strike, since long, has been used as a tool to attain further rights in the face of governments. Response of governments to such social phenomenon in the long history remains to be more an approach with worry and dissatisfaction; for the same reason, its permission enjoys contradictory aspects and ambiguity within existing laws of nations. In the Islamic government, legitimacy of strike or non-strike has to be determined in terms of jurisprudence so that a basis for policy-making and writing of laws can be set in this regard. Strike, in the Islamic government, seems to be permitted based on principle of lawfulness, principle of immunity, principle of freedom and in cases by citing rules like advice of Imams, endeavoring Muslim affairs and enjoining the good and forbidding the bad; but there are some situations that contain the permission based on some evidence. Such evidence, principally, goes back to “principle of protecting the regime” as well as to quality of treaties signed between government and strikers, which is typically evidence of private law. This article deals with this topic of an importance with reference to library sources and analytic-descriptive methodology.