نقش و جایگاه «کرامت» در ایجاد وفاق میان حقوق بشر و موازین اسلامی در کشورهای اسلامی (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
در کشورهای اسلامی، ایجاد وفاق میان «موازین اسلامی» با «آموزه های حقوق بشری» در مراحل تشریع و تطبیق از اهمیت و حساسیت خاصی برخوردار است. عنصر کرامت انسانی در تبیین نظری و تطبیق عملی دو مفهوم مذکور نقش بی بدیلی می تواند ایفا نماید. براین اساس، پرسش اصلی نوشتار، این است که چگونه می توان از «کرامت» در ایجاد وفاق میان حقوق بشر و موازین اسلام بهره جست؟ پژوهش با روش توصیفی و تحلیلی و در پاسخ به پرسش مذکور مبتنی بر این نتایج مهم است که کرامت انسانی از سنخ فعلیت اقتضائی است که فعلیت تکریم بنی آدم، تمام افراد آن را شامل و مربوط به همه اصناف و اقشار می شود و از این نظر کرامت انسانی از مهمترین منابع حقوق مشترک بشر محسوب می شود و از آنجا که بنی آدم کریم است، نظام تشریع، هدایت و سیاست بخاطر او تشکیل می شود. بر این اساس، کرامت ضمن اینکه مبنای اصلی حقوق بشر محسوب می شود، موهبتی الهی در خلقت نوع انسان بوده که این اشتراک، نقطه عزیمت مهمی برای ایجاد وفاق میان حقوق بشر و موازین اسلامی محسوب می شود.The role and position of "dignity" in creating harmony between human rights and Islamic standards in Islamic Countries
In Islamic countries, including the Islamic Republic of Iran, the explanation of human rights is inevitable to communicate with Islamic standards and the standards derived from it. Because in the constitutions of most of these countries, the legitimacy of the Islamic religion is specified and it is mentioned as the main source of legislation, and immediately the impermissibility of legislation contrary to Islamic standards and, on the other hand, conflicting with human rights and fundamental freedoms. In any case, these countries are faced with the two concepts of "human rights" and "Islamic standards" or in some cases with "Islamic principles, principles and rulings" which, while each of these two concepts needs theoretical explanation and practical implementation. The criteria and indicators are epistemological, more important than that is how to create a fruitful connection between these two concepts. Therefore, the main question of this article is how to use the element of "dignity" as an approach in explaining the duality of human rights and Islamic standards and creating harmony between them? Considering the importance of the main question, other questions are also raised: such as: Can dignity be considered an explanatory approach alongside competing approaches? Can it be considered as the dominant approach over other approaches? And finally, how can this element be the source of harmony between human rights and Islamic standards? The answer to these questions, in the first step, requires a detailed explanation of the element of dignity, and in the next step, it is necessary to state the characteristics of the dignity-oriented approach. This article with an analytical method is based on the hypothesis that the element of "dignity" is on the one hand one of the important purposes of Islamic Sharia and on the other hand one of the main foundations of human rights, and therefore it can be used in the connection between human rights and understanding. Islamic standards are of indescribable importance and ultimately play a role in explaining Islamic standards and human rights and creating harmony between them and explaining common rights among humans, so the role and position of the element of dignity cannot be neglected. Regarding the research literature, it is important to remember that although many scientific works have been produced around dignity from a legal, philosophical, ethical and theological perspective, but the writing that is independently and directly related to it as an explanatory approach in order to create harmony between human rights and standards Islam should pay attention and pay attention to its role and place in harmony between human rights and Islamic standards. Dignity is a theoretical value that can have a practical aspect. When we accept that man is a precious and valuable gem, we will believe that he has common rights and those rights should be regulated and interpreted in a way that is compatible with his dignity. Therefore, any type of regulation in which human dignity is distorted is rejected. Since man is righteous, religion has been legislated for him, and after that, the system of guidance, legislation and government is formed. Not that because a person commits to the political system, then he has the right to dignity. The dignity-oriented approach has characteristics such as universality, emphasis on what is and what should be, comprehensive ethics and independence in human personality, which automatically lead to harmony and interaction between human rights and Islamic standards. Because the basis of this approach is an inherent and inalienable basis, which is dignity, so this basis recognizes the standards of human rights and the general rules of religion for the sake of human sharing, and every human being is characterized by a value from birth. He is generous and as long as he does not take away this attribute, this attribute remains in him and makes him benefit from the standards of generosity. By emphasizing dignity, every human being has importance, equality, freedom, immunity and security by itself, and even social interests as a whole cannot be a negation of innate dignity and the rights arising from it. Individual dignity automatically leads to the dignity of the society and forms a generous society. Because the society consists of noble people, and therefore, dignity, because it is inherent, is not subject to political bargaining, power relations, or calculations for the sake of other interests. Dignity has a very important place in human rights and Islamic standards. Dignity is a gift that the human race and human beings have, which indicates its generality and is not specific to a specific group and class of human beings. Dignity is considered one of the main foundations of human rights, and this foundation can play an important role in determining and defining the examples and scope of common rights among humans. Since man is righteous, religion has been legislated for him, and after that, the system of guidance, legislation and government is formed. Not that because a person commits to the political system, then he has the right to dignity. The dignity-oriented approach has characteristics such as universality, emphasis on what is and what should be, comprehensive ethics and independence in human personality, which automatically lead to harmony and interaction between human rights and Islamic standards. The dignity-based approach seeks to define a value that has a universal aspect. It is not possible to claim the existence of a universal legal system except by proving the sources and foundations of the universe. If there is a universal source and basis, then inevitably other components and contents and materials will also be universal. In the dignity-centered approach, man is God's creation, and his identity, his position, and his interaction with existence are all due to God's creation, and since man is within the system of existence, he is not a separate fabric from it, but all the particles of his existence work in the world. and because man has such a genuine relationship with the universe, and this relationship is the same in all ages and eras, and man is located within the system of creation, so the human species must have a common source and basis for a better and proper regulation of this relationship. which is the dignity, it needs. Although dignity is a necessity, it can also be destroyed. If a person tries to become an air worshiper and exploits his talent for evil purposes, such a person will be stripped of his dignity. Therefore, the deprivation of human dignity is based on his abuse of discretion, which is caused by the deprivation of his own dignity. When the human being, who belongs to human rights, is explained with a dignity-oriented approach, it can be proven that there is a lot of harmony and commonality between Islam and human rights, and the relationship of conflict and opposition that some people propose becomes the stage of interaction. arrive Islam, which is the founder of the good fight and the increase of commonalities, can have a constructive interaction with human rights.
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