حقوق انسان

A correct understanding and definition of “human beings” is important for a correct understanding of individual rights. Anthropology is important because it pays attention to the truth, way of life, destiny, and position of human beings. Unless human rights and their attributes are examined from the perspective of intellectual schools, human rights from the perspective of schools such as Islam will remain blurred. Therefore, it is important in this article to explain the concept of rights in terms of Islamic thought, human beings, and the origin of human rights from a Western and Islamic point of view. From the Western perspective, the basis of rights begins with human subjectivity. However, from the point of view of Islamic thought, the issue still focuses on the world beyond the natural world. Therefore, the main purpose of this research is to explain the rights and the individual in human rights, to understand human rights from the perspective of Islamic thought, to understand their differences from Western human rights, and to reflect the Islamic view of human beings.

Some believe that islamic jurisprudence before pay attention to human rights, Leads man toward task-oriented. They have raised the some misconceptions such as islamic jurisprudence is based on the task and dependence of Western legal system on the right and conflict religious should and shouldn't with the right-oriented. Accordingly, in this research we are going to analyze right-oriented or Task-oriented of the islamic jurisprudence from the perspective of Sunni scholars and Imams' jurists, especially Ayatullah Javadi Amoli as creator of religious though. The method of this paper is to analyze-description. The research data was collected by using the library. Research findings it shows that with combining the horizons of religious scholars and expanding and integrating their votes can be obtained to important subscriptions. They agree on the idea that that language of jurisprudence is not only the language of duties but at times the jurisprudence is to appear language of duty, is spoken in order to ensure human rights. In fact jurisprudential should ways to preserve and protect the rights and jurisprudential shouldn't shows security injury rights. Thus, if a careful look at islamic jurisprudence, don't see unless the rights and interests and with this attitude we can say all tasks will return to rights.

Despite the consensus of jurists (fokaha) in safe custody of property (Haraz) as one of the punishable conditions when the theft happens، some jurists made an exception in bird case. It means that stealing the bird would not subject to punishment namely cut off the thief''s hand، even if the bird was in safe custody. Many of fokaha، however، believe that if the bird is in safe custody، the one who stole the bird will receive the punishment as cutting off her/his hand، because of insufficient document and narratives to support the otherwise. After reviewing the testimony and evidence received from fokaha، it can be concluded that the Ghiyath bin Ibrahim narrative is a valid document and it can be derived from implication that the stealing the bird absolutely is not subject to punishment namely cut off the thief''s hand، even assuming the bird is in safe custody according to its appearance. Thus، these narratives، due to separate specific reason، can be allocated to all verses، ayes، about stealing and to all those incoming narratives that the stealing the bird absolutely will not lead to punishment namely cut off the thief''s hand، even assuming the bird is in safe custody.