The Principle of “Obligation for Dignifying Human Being” in Islamic Jurisprudence and Law
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100
Abstract
The inherent dignity is a Divine bounty from God to Man and since it is inherent and intrinsic in human nature, its dispossession is not possible. According to some of the noble verses of the Qur’ān, human dignity can be proved as a type of honor that denotes enjoyment of the bounty of reasoning, free will, Divine Breath, power of choice, etc. and all human beings equally enjoy it and a principle entitled Takrrīm al-Insān (Dignifying Human Being) can be used in codification of judicial laws. One of the fields of efficacy of this principle is the field of devising punishments for the crimes having non-legal (ḥadd) punishments. According to this principle, so far as the non-penal procedures have not been incapable of preserving the values, moving towards penal devices through devising and imposing punishments disproportionate to the crime, would violate human dignity and the exaggerated reliance on such experiences as public and private prevention, restraining and correcting the delinquent, etc. instead of the criteria for the conformity of crime with the punishment are not compatible with this principle and are regarded as instrumental use of criminal for achieving other goals. Some examples of the legal rulings including heresy, the restrictions concerning the non-Muslim (dhimmī) infidel as well as some examples of human rights including self-determination would enjoy more moderate rulings according to this principle. Restriction of using capital punishment and prevention of its open execution are among other warnings of this principle and indicates the necessity of revising some of the legal and judicial rulings.
Authors and Affiliations
Ardavan Arzhang, Mahdi Dehqan Simkani
Keywords
Related Articles
- EP ID EP190089
- DOI 10.22067/fiqh.v47i20.23490
- Views 124
- Downloads 0
The reality of Sunni Usulites views regarding the issue of ratification (tasvīb) and its roots
Ratification as a term common among the Imami Usulites entails that divine decree is consistently in compliance with the mujtahid’s opinion, and even in cases where the opinions of the mujtahids differ with one another,...
Evidence of Intellect and its Status in the Legal Attitude (Sīra) of Muḥaqqiq Ardabīlī
Given the importance of the evidence of intellect (dalīl-i ‘aql) in inferring legal rulings, especially in new issues, examining the evidence of intellect would help a better use of the evidence of intellect. Examining t...
Intellect and its Application in Fayḍ Kāshānī’s Jurisprudential Thought
Given the importance of intellect in inference, especially in new issues, it is befitting to study the jurists’ works, such as examining the jurisprudential mode of life (sīra) of Fayḍ Kāshānī as an influential jurist in...
An Exploration into the Qur’anic Evidence of the Legal Ruling on the Alteration of Allah’s Creation in Newly-emerged Medical Issues
The occurrence of newly-emerged and unprecedented phenomena in various medical fields raises questions as to their legality or illegality. Despite the fact that one of the most important evidences of the jurists in this...
The Juridical Situation of High Dowry Payments in
Nowadays proposing high dowry payments has become widely common in Iranian society and certain other societies in order to give more validity to marriage, since the common people believe that if the dowry payment is high...