A Research concerning the Principles of the Right for Human Dignity in Sources of Rules
Journal Title: فقه و اصول - Year 2013, Vol 45, Issue 92
Abstract
Human dignity is examinable at least in three fields: human dignity, Divine dignity, and socio-conventional dignity. In this article, due to time limits, we have only dealt with a part of what can be presented about dignity (karāmat), i.e., argumentative proof of human dignity. In general, there are two major systematic methods for confirming the propositions and premises mooted in the context of jurisprudence and Islamic law. The first method is using the jurisprudential (ijtahādī) evidences and the second is determining the practical principle. From the viewpoint of the author, these two methods are apt to come up with for proving the human dignity right. One is following up the jurisprudential evidences of human dignity and the other is being content with the lack of valid reason in suspicious instances for human degradation and, as a result, negating the right to degrade humankind in the light of jurisprudential evidences. The first method is maximal and the second is minimal. In the present work, I have tried to prove the right for human dignity with the use of the above two methods. In this context, too, our time is very limited and for this reason we would address only some of the evidences and promise the respected readers a more detailed discussion at a more sufficient length of time in future.
Authors and Affiliations
ḤUsayn ḤAqīQatpūR
Keywords
Related Articles
- EP ID EP183818
- DOI 10.22067/fiqh.v0i0.9459
- Views 119
- Downloads 0
A critical view of ‘the necessity of imprisonment of the insolvent in paying the dower’
The dower is the first financial debt which established incumbent upon the husband after the realization of marriage. The wife has the right to demand the debt from the husband and then obtain its possession. If after th...
Searching into the Evidences on the Inclusiveness of Discretionary Punishment
Concerning the prohibited or obligatory actions for perpetrating or abandoning of which no punishment has been established, the act of determining discretionary punishment is entrusted to the Muslim judge. An important a...
Examination of the Evidences for the Legitimacy of Buying and Selling Body Organs in Shī‘a Jurisprudence
Following developments in medical sciences and humankind’s acquiring new technologies, which provided using body organs and their products for the treatment of some illnesses, some legal questions were little by little s...
The General Rules Governing the Contracts for the Utilization of Literary and Artistic Rights in Iran through Comparative Study in French and Egyptian Law
Law Department, Ferdowsi University of Mashhad The importance of the exploitation contracts protecting the literary and artistic rights has, in some legal systems like France, resulted in the devising of general and comm...
A Glance at the Impact of Invalid Conditions on a Contract
Although the corrupted condition is not protected by sanctions, there are three beliefs as to whether its corruption (fasād) permeates the contract (‘aqd) or not: theory of fasād, theory of non-permeation of fasād, theor...