Status of Human Dignity in the Process of Inferring Rulings
Journal Title: فقه و اصول - Year 2013, Vol 45, Issue 94
Abstract
With the adoption of the Universal Declaration of Human Rights in 1948, human dignity as an important foundation for explication and formulation of human rights seriously found its way into the legal texts, to the extent that today many countries, including the Islamic Republic of Iran, formulate their constitutions according to human dignity. The present article seeks to examine the status of human dignity in the process of inferring rulings. The writer maintains that “preservation of human dignity” can appropriately be placed in the focal point of a legal rule as one of the general legal law (sharī‘at) purposes and be a document of and provider for some of the legal judgments (fatwās), especially in the international relationsscene.
Authors and Affiliations
ḤUsayn ḤAqīQatpūR
The Sacred and Dishonoring it in Iranian Penal Code
Belief in the sacred is traced back to an age as old as the human society. From the beginning of the formation of primitive societies, belief in the sacred has existed. The sacred (or the holy things and beings), is a te...
The Prophet’s (S.A.W.) Actual (Fi‘lī) Tradition and its Status in Inference of Rulings from the Viewpoint of the Two Major Sects (Farīqayn)
The Prophetic action and behavior as a part of tradition is regarded as a kind of evidence and legal plea. Explanation of the concept and nature of the Prophet’s (S.A.W.) action and the two sects’ analysis of this ration...
Comparison and Comparative Examination of the Principle of Jubb (Acquittance from Previous Obligations) and General Amnesty from the Viewpoint of Jurisprudence and Law
One of the legal principles for the disbelievers who convert to Islam is the principle of jubb. This principle is the basis of Islamic mercy and clemency for denial of punishment of the disbelievers who welcome Islam. On...
Identifying dementia as an issue
Since the formulation of rulings is directly related to the refinement of issues, the present paper aims at outlining the extent of a mental disorder namely dementia, so that from this perspective an acceptable separatio...
Legal Considerations Concerning Network Marketing
Network marketing is a new method in today's trading, which can be studied as an independent transaction, although there might be some similarities between such topics as ijāra (lease), ju‘āla (hire), ṣulḥ (conveyance),...