The Authority of the Islamic Government in Citizens' Private Sphere Based on the Opinions of Jurists and Jurisprudential Principles and Rules

Abstract

The scope of the private and public domains in citizens' lives depends on various cultural, political, and economic factors, and changes in these factors lead to alterations in the boundaries of these two domains. One of the most significant influencing factors in this regard is religion and, consequently, a religious government. The present study aims to examine the permissibility or impermissibility of the Islamic government's interference in the private sphere of citizens. Specifically, the study focuses on an Islamic government led by a qualified jurist (faqīh) as its head. An analysis of the opinions and views of those who oppose governmental interference in the private sphere indicates that individuals’ private lives fall outside the jurisdiction of the government. On the other hand, proponents of governmental intervention define the jurisdiction of the Islamic ruler (wali al-faqih) as broad and comprehensive, encompassing both the public and private spheres and covering both social and personal interests