فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 1 (پاییز 1391)

One of the issues in the area of the philosophy of human rights and the philosophy of Fiqh is determining the ration between the present propositions in these two areas in relation to the key issue i.e. human rights. Naturally, determining the ratio between the two propositions may be examined by relying on the references, principles and the guarantee of the present enforcement in each of them. Human rights has been faced with many questions and challenges as a set of advantages which every person enjoys regardless of any distinction in the international community and that the governments are committed to identify and perform them. One of the most important questions in this regard is the religious teachings in particular the sacred religion, Islam. In this regard, we witness some conflicts in the already mentioned areas. This article tries to deal with the examination and ratio assessment of the generalities governing the propositions of human rights from two viewpoints of international system of human rights and the sacred religion of Islam. The claim is that regarding the basis, source, target and the present guarantee for enforcement in the Islamic Fiqh especially the Shia’s Fiqh, a privileged position for human rights and human dignity is determined. This position is verifiable both in terms of the time and its antecedence over the international documents of human rights and even customary system of human rights and in terms of its content and quality.

the movement of Islamic Republic of Iran with wisely leadership of Imam Khomeini provided excellent opportunity so that a very qualified and distinguished Faqih, who himself acted for establishing a political system for the first time, can present his ideas and thoughts on different issues of human rights including very important issue of freedom as well as Islamic political society by benefiting from Fiqh resources. While reviewing the concept of freedom from the point of view of Imam Khomeini, we will discuss the position and status of the freedom, obstacles to the freedom and finally the instances of freedom by benefiting from his human rights perspectives and thoughts.

To what extent the articles of Universal Declaration of Human Rights and its related documents are based on the principles and human values in the Islamic culture and civilization? The present question is the most important questions of the researchers of human rights. The answer is very clear for many people in the form of a supposition: neither the Islamic civilization and culture nor Muslim thinkers and statesmen have never had any effective role in formulating and ratifying the documents of human rights especially Universal Declaration of Human Rights. Therefore, it is said that some Islamic countries like Saudi Arabia, Egypt, Yemen, Iraq and… have played some roles in the process of drafting and formulating and ratifying the Universal Declaration of Human Rights; however, many people think that it was a passive role. Although in the process of ratifying the two Covenants by restoring their real identity the Islamic countries gradually were able to lobby and moderate and also remove some articles of the declaration which some countries intended to involve them in the two Covenants, but this doesn’t mean that the human rights are universal because it has not been built on a comprehensive cultural basis. Form this point of view, the hypothesis of this article is that the contemporary human rights based on the declaration and the two covenants have enjoyed the least effect from the Islamic civilization and culture. Moreover, the Muslim population of the world together with the whole Eastern, African and Latin American societies has been absent, inadvertently or intentionally, to play an effective role in the field designed by the west.

War and regulations related to it have ever been one of the main discussions in all the eras. Many thinkers have expressed a lot on it. The holy prophet of Islam has the main role in this regard. Form his honorable point of view, saving human beings is the duty and the aim of humans and the war is a means for reaching the aim. From the point of view of the esteemed prophet of Islam (PBUH), the war is legitimate when it will serve for the guidance of the humans and resorting to it will be the last and the only authorized solution. However, Islam emphasizes on distinguishing combatants from civilians. Prohibition on targeting civilians, prohibition on targeting urban areas, prohibition on killing war captives and disabled, prohibition on using savage devices, prohibition on sacking the property of the defeated, prohibition on using unfair methods are among the cases which the holy prophet of Islam (PBUH) has taught to the all people of the humanity society during his religious teachings. In fact these principles are the basic principles of human rights and Islamic humanitarian.

After announcing the success news of creating the ship “Dolly” from nonsexual way in 1997, some questions were raised such as whether it will be human being’s turn after “Doll”! Is it possible to create a human being with the same technique? If so, will it be ethical? Won’t this mean the loss of family and marriage? Won’t this shake our faith and religious believes? At the same year, Pope John Paul II condemned application of this technique over man in numerous statements and letters. Opposition to human cloning was not unique to Catholicism, but the followers of many religions especially Sunni Muslims adopted a stance against this issue. Sheikh of al-Azhar University, Muhammad Sayyid Tantawy, Dr. Yusuf al-Qaradawi and other Other Sunni scholars adopted a stance against this practice and considered it contrary to religion and religious thoughts. from other side, some Shiites like Allameh Fadl-Allāh not only didn’t he consider cloning to be on the contrary with God’s tradition, but also introduced it as a step towards the deeper understanding of the hidden traditions in the universe and he permitted for such action. Some of the Faqihs (an expert in fiqh, or, Islamic jurisprudence) have also sought to solve the issues of the inheritance and parentage and other issues related to the cloned human. This issue got so position in the current discussions which was called the debate of the century This article tries to examine the points of view of the Sunni Muslims and Shi’ites carefully and show their common and differentiation points. Sunni Scholars unanimously condemn the human cloning and consider it as improper, illegitimate, immoral and contrary to Islam. The Shiite scholars have adapted different ideas about human cloning. Most of them believe in the absolute admissibility or limited admissibility or the secondary sinfulness (taboo) of cloning. Few of them also believe in the first sinfulness (taboo) of human cloning.

Democracy, if it is interpreted as what it is defines i.e. the rule of people on people, may be a fundamental solution for adjudication of adjudicating nations’ rights. However, this research is going to express that the real meaning of democracy is something other than the ruling of people to people. In this research we will perceive that the present democracy has a great mission for imposing the ruling of an especial group on the fate of nations. As a result, basic reforms are very necessary in its content and nature through presenting strategic plans and solutions for the realization of humanity wishes about democracy. In this article we present a plan and a solution which we deem it necessary and effective. We interpret this plan as a "pure democracy". According to the conducted research, pure democracy is the gateway to accessing the sacred democracy in which the religion plays a fundamental role, more rather, the most important role in administering the society. Based on this research it is known that "spiritual freedom" alongside social freedom is a very important and effective factor and element for societies to access pure democracy and finally sacred democracy. In order to express the plans and required solutions firstly it is necessary to scientifically analyze the concept of democracy and the inherent conflict of the present democracy with secularism. Of course this research has proved and studied these issues. The method of analyzing abovementioned propositions is research and analysis.

Globalization and its different aspects, increase in the number of governments and international organizations, expansion of communication, the world getting smaller, and finally dangers for human life and his environment are among the characteristics of this new society. In alignment with this tendency towards convergence and sharing in the fate, the international rights of human beings and also the human rights as the reflex of the realities of the international community has been systemized and got closer to the civil rights and has ever made the governments committed. And in fact it is in the direction that considers more the interests of the whole humanity and interests of the nations rather than just the states. Regarding the fact that human rights issue is presently emphasized at the global level, some governments ignore human rights in this regard with the excuse of being in conflict with their sovereignty! In addition, the governance as the defender of community rights and protector of the endurance of the government observes the limitation of human rights in many cases and from other side the human rights also prioritize human type in order to maintain the inherent prestige of human. The attempt for finding an equilibrium point between implementation of human rights and protecting national political components has been the source of many political tensions inside the government. This research tries to answer this basic question that whether the international sovereignty from the human rights is in conflict with the sovereignty of governments or not! In other words, will the human rights and the mechanism to support and monitor it lead to the undermining the rule of governments or not? For answering this question, the author emphasizes on the human and democratic human rights in case it can lead to the real realization of human rights and realization of real sovereignty of people at the arena of local governments! At the same time it can be also said that the principle of the sovereignty of the governments and international support for the human rights are not in conflict in each other; although, mechanisms to supervise and support human rights have been led to the relative undermining of the governments.