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198 International Multi. J. of PURE LIFE. 9 (31): 183-230, Summer 2022
and privacy, through the superior to the fundamental
constitutional and administrative rights of individuals. Thus,
proceedings. (Ghamami, 2020) in a state of emergency, in
In addition, according to order to differentiate, systems
Islamic rules and the based on the rule of law are
meaning of the rule of obliged to strike the best
“Saving the System”, possible balance between
matters that are secondary conflicting principles; including
as required to maintain the rights of individuals
order, are obligatory and and the interests of
what disturbs the system is Government or the community.
forbidden. The purpose of (Jalali and abouata, 2020)
the system is not only the Therefore, when declaring
system of Government but and implementing an
also social order. emergency regarding a
(Nobahar, 2019) health crisis such as an
It should be noted that infectious disease, it is
when a democratic state necessary that the measures
goes into a state of taken be specifically to
emergency, it practically prevent the disease, prevent
and apparently loses its its spread, and care for
difference from an patients. For this reason, it
authoritarian system, because is believed that the use of
both consider the interests methods such as isolating
of the Government to be patients and especially