Judgment

Judgment

Re-examination of “Hoquqe Ammeh” in Statutory law: Seeking a Global Foundation

Document Type : Scientific

Author
Hamedan Branch, Islamic Azad University
10.22034/judg.2026.2055652.1400
Abstract
Abstract: The aim is to provide a new reading of “Hoquqe Ammeh” influenced by recent legal-executive developments, seeking similarities with a comparable global legal concept. The research method is descriptive-analytical, whereby the content of decrees and official documents is analyzed to clarify the legal system's interpretation of “Hoquqe Ammeh”. The results are then compared with similar concepts. The legal system has not yet reached a reliable definition of “Hoquqe Ammeh”. The most defensible definition is: a set of legal obligations of public legal person at micro or macro levels and in various internal domains, whose beneficiaries might be specific individuals (victims of motor accidents), unspecified individuals (those harmed by environmental destruction), or even the state. In the restoration stage, the judiciary comes into play, providing an executive framework through formal communications or civil/criminal litigation by prosecutors. Judicial control in this matter is active, contrary to natural practices. The concept of “Hoquqe Ammeh”, as it has manifested in the legal system of the Islamic Republic, is not the same as any of its close concepts (including public interest, common good, and public rights); however, it generally represents all these concepts.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 04 June 2026

  • Receive Date 10 March 2025
  • Revise Date 04 September 2025
  • Accept Date 04 June 2026