Examining the Sanction of the Rights of the Disabled in theLight of the Good and the Bad

One of the important issues that is considered as a subset of human rights and has great importance in the domestic and even international legal system is the rights of people with disabilities and more importantly, the provision of its sanction. Because the establishment of legal rules without the sanction, in practice, the implementation or non-implementation of those rules depends on the conscience and moral commitment of the people and causes the change of legal rules to moral rules. On the other hand, one of the progressive principles of the Iranian constitution is the eighth principle, in which the important issue of enjoining what is good and forbidding what is evil is discussed as one of the most important examples of social supervision of the society and the mutual duty of the people and the officials towards each other has been considered. In addition, the importance and position of this divine duty in Islam and Islamic societies to improve the social health of the society is not hidden from anyone and many Quranic verses and narrations from the infallible imams have been expressed in order to explain the importance of this rule. Therefore, with the aim of using all the legal capacities of the country in order to guarantee the rights of the disabled, in this research, the sanction of the rights of these people has been investigated in the light of what is good and what is forbidden.

This writing has been prepared using a descriptive-analytical method and its contents have been collected in the form of a library.

Ethical Considerations: 

All ethical considerations have been observed in this writing and the contents and sources have been expressed based on the principles of honesty and trustworthiness.

The investigations showed that due to the high capacity of enjoining the good and forbidding the evil, effective scientific and practical measures, as well as the support of all the elements of the society, should be used from this binding sharia-legal norm in order to solve all social issues, including Guaranteeing the rights of the disabled requires determining the role of each of the elements of society, including the people and the executive, legislative and judicial officials, as well as the religious and academic elites and before that, the conceptual scope of this rule should be described and explained.

If according to the needs of the society, a correct definition of what is good and what is forbidden is done and based on it, the examples (known) of which one of them is the implementation of the rights of the disabled and the examples (negative) are also disregard and It is a violation of these rights and based on that, the necessary executive and judicial institutions have been created and the role of each institution such as education, higher education, seminary and university elites and even the jurist can be seen to guarantee the rights of the disabled and as a result, the realization The status of these rights became more favorable in the society.