Jurisprudence and Law
Hosein Javan Arasteh
Abstract
“Islamic Jurisprudence and Human Rights" is a valuable collection of articles by authors that was presented at the conference on the transcendent approach of Islamic jurisprudence to human rights and was embellished by the efforts of Mohammad Reza Bagherzadeh. The method of critique on this book ...
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“Islamic Jurisprudence and Human Rights" is a valuable collection of articles by authors that was presented at the conference on the transcendent approach of Islamic jurisprudence to human rights and was embellished by the efforts of Mohammad Reza Bagherzadeh. The method of critique on this book is citation-analytical and according to the model of the Council for Reviewing Humanities Texts and Books in the framework of general introduction, form and content review of the work. One of the key questions and constant concerns among religious and non-religious intellectuals is the compatibility or incompatibility of Islamic teachings with human rights. The book's articles, in a remarkable synergy, seek to prove the view that the notion of incompatibility stems from unfamiliarity with pure Islamic thought; the capacities hidden in jurisprudence, if used properly, can make a significant contribution to the development of human rights. Despite its many advantages, the book also faces weaknesses, which are: in terms of general structure and arrangement of axes and titles, the lack of jurisprudential dimension of some articles, and in some cases, confusion between the legal system and human rights. Inadequacy of some citations, unrelated topics and lack of focus on solving challenging topics.
Jurisprudence and Law
Mohammad Moghaddami; Amir Hosein Khosroabadi; Tavakol Habibzadeh
Abstract
Implementing the rules and regulations of Sharia in the legal system of modern governments has always been associated with challenges such as non-compliance with the new rules of human rights. Challenges like these can be seen in the human rights reports of UN rapporteurs. The main concern of the reporters ...
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Implementing the rules and regulations of Sharia in the legal system of modern governments has always been associated with challenges such as non-compliance with the new rules of human rights. Challenges like these can be seen in the human rights reports of UN rapporteurs. The main concern of the reporters regarding the situation of human rights rules in those countries that seek to implement the rules of Sharia in their legal system seems to be a kind of adaptation and compliance of Sharia rules with human rights principles which is generally referred to as the compatibility of Islamic rules with the needs and requirements of the modern government. In order to achieve a theoretical gap between Muslim legal thinkers and human rights reporters, this study seeks to examine whether the rules of Sharia have the capacity to adapt to the new needs and requirements of modern governments. For this purpose, this study relies on the descriptive and analytical method of the intellectual foundations of three Muslim thinkers with different approaches and in addition to a critical analysis of Dr. Rahman's article. Finally, it can be concluded that by analyzing the works of two other thinkers, capacities for modeling the adaptation process can be extracted.
Jurisprudence and Law
Zahra Mosavi; Tayebeh Mahrosadeh; Mohammad Seyfi
Volume 18, Issue 5 , September 2018, , Pages 271-300
Abstract
The purpose of this study is to review and criticize the human rights charter in the social, economic, cultural, and political component of women and family in relation to the religion of Islam. The research method is objective and fundamental in terms of collecting data in the research class. The data ...
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The purpose of this study is to review and criticize the human rights charter in the social, economic, cultural, and political component of women and family in relation to the religion of Islam. The research method is objective and fundamental in terms of collecting data in the research class. The data were collected using a snippet, library, and document method. After analyzing the research data, the qualitative content analysis method resulted in the following results. In terms of content, some UN programs and documents, the relationship with women's rights and the strengthening of the foundation of the family, as well as the recognition of women's fundamental rights and freedoms, have been attempted, but in the eyes of United Nations agencies, the rights of women and the family are often the ones that need to be investigated. In this article, the damage Ethics in the areas of the right to life, the right to liberty, the right to work, the right to education, the right to protection and so on, minimum social, civil, and political rights of women and children were extracted, and the moral model of human rights in the component of women's and family rights was based on Islamic principles. In the end, the result was that the way to cure and to escape the moral harm arising from the human rights charter and women's rights conventions that are themselves based on secular, humanistic and communist views is Islamic and ethical.
