Human Dignity

Disproportionate punishments are those punishments passed or enforced without considering the criteria of proportionality, namely the criteria of harm done, the absolute or relative seriousness of crimes, the kind of committed crime and offender characteristics, the degree and kind of victim’s culpability. Considering the penological aims, such as retribution, deterrence and securing social defense, as a part of proportionality test, in the process of determining, distinguishing and enforcing proportionate punishments, is contrary to the rationale and philosophy of proportionality principle. In fact, this approach eviscerates this principle and leaves only an empty shell. The main cause of the prohibition of disproportionate punishments in the international, regional, national human rights' documents is the proscription of using human beings as a means to an end (instrumentalism), aiming at the heart of human dignity. In the Iranian legal system, there are no clear rules and regulations about the prohibition of these kinds of punishments and the determined punishments in many penal codes, such as the Islamic penal code (1991, 1996), the Penal Code of Armed Forces Crimes (2003), the Act against Narcotics (1997) and the Punishment aggravating Act of Bribery, Embezzlement and Fraud (1988) are not compatible with the standards of proportionality, especially with the absolute and relative seriousness of offences, offender characteristics and victim’s culpability. This article tries to explore the principal criteria of proportionality between crime and punishment, the concept of disproportionate punishments and the philosophical foundations of the prohibition of such punishments and their contradiction with human dignity.

This paper argues for acceptance of digniry as a concept that ne use to describe an aggregate ef values and qualities of someone or something that deserve esteem and respect. The primary value that creates the nght to have dzgniry is life. The degree of dzgniry according to a particular life form depends on its place in the evolutionary scale. Human beings are the hzghestform ef life so thry possess the highest degree ofdigniry

Explaining and interpreting the honor and dignity of man and then finding ways to realize it in human life is one of the most important and fundamental topics in religious sources, especially the Qur'an and hadiths. Since insult is the opposite of honor and respect, the present research is trying to investigate the phenomenon of insult with a skeptology approach using a descriptive-analytical method and based on library and documentary information, while measuring and setting human honor and its accessories as a criterion. Considering that any description and attribution knowingly and intentionally causing the weakening and humiliation of human honor and its accessories is considered a category and an example of insult. In this research, the degree of compatibility and incompatibility of the Islamic rulings of inheritance, retribution, corporal punishment of women and women's testimony have been criticized and investigated with respect to human dignity. The results of the research show that Islamic rulings in the aforementioned four topics are based on reality, expediency and health of the family and society, necessity or in order to inform, change undesirable behaviors and prevent crimes. Also, some of the issues raised are necessary as a prescriptive ruling for a specific stage and with special conditions that have been established by the holy legislator.  

Introduction: Dignity is related to the inherent honor of the object, and the foundation of morality can be inferred and expressed from a kind of return to the human being and realizing his inherent honor and dignity. Therefore, the current research aims to examine the development of human dignity as the foundation of ethics in Islamic philosophy and Western humanist philosophy, and in this passage, it has emphasized Farabi's point of view as a representative of Islamic philosophy and Rousseau as a humanist philosophy. Material and Methods: The present review article examined human dignity from the perspective of Islamic and western philosophers in a descriptive manner. In order to achieve this goal, articles related to research keywords from Science Direct, Pub Med, Google scholar and related books were examined. Conclusion: According to Western philosophy, which is based on humanism, man is a part of nature and his relationship with the supernatural is loose and he has no need to determine a task from the supernatural. But in Islamic philosophy, man is under God's lordship and as the caliph of God and in connection with his divine successor, who has rights and duties. Western humanist philosophy, represented by philosophers such as Jean-Jacques Rousseau, has tried to define human dignity around the human axis and the discourse of humanism. But Islamic philosophy, with the representation of philosophers like Farabi with a religious and spiritual perspective, considers a person to have a very high and great position, which can go as far as reaching the stage of dialogue with what is essential.

The present article seeks to investigate the theoretical foundations of human rights in Islamic thought.  It would briefly overview the foundations of human rights in international law as well. By reflecting on the epistemological, cosmological and anthropological foundations of human rights in Islamic thought we can reach a realistic view relating to human being and his/her identity thereby justify human rights. Divine rights include two collections of rights: statutory rights that are recognized for human beings in the Book and Sunnah and those rights that are originated from Fitrah and nature. From an Islamic point of view, there is no contrast between Divine rights and those originated from Fitrah. Using reason and the revelation, legal school of Islam is one of the most reliable and reasonable sources for clarifying Fitrah and natural rights. Basing human rights on dignity is logical when correlation between human being and dignity is referred to correlation between humanity and dignity. That being the case, potentiality of humanity leads to potentiality of dignity and the actuality of the former results in the actuality of the latter. All of the results of secular human rights are not necessarily in contradiction with Islamic views and there are cases in which, despite difference in foundations, similar results can be seen. Accordingly, most of the articles of UHRD can be confirmed by Muslims.