نوع مقاله : مقاله پژوهشی
1 دکتری حقوق عمومی،استادیار گروه حقوق دانشگاه شاهد
2 کارشناس ارشد حقوق عمومی، پردیس فارابی دانشگاه تهران
عنوان مقاله [English]
Human rights in their current meaning were born in 1948 with a universal declaration of Human Rights, and since. Afterwards, the human rights have become the common language of politicians and rulers in all kinds of governments. Islamic governments were no exception and were finally able to achieve the declaration of Islamic Human Rights in 1990. It must be acknowledged that the West, as the origin of human rights in its modern sense, has in no way been able to grasp the specific views of other societies, especially Islamic societies, which are not closely related to the provisions of the 1948 Declaration. In fact, human rights in the Islamic civilization is a critique of a way of thinking that introduces human rights as having only one version; A view that, as a formative law, presents a human being different from the understanding of all Muslims, and as a result of the rejection of the notion of human rights that Islamic legal systems are condemned for, non-observance of fundamental human rights is concluded. Now, regardless of the view of the Western world, Islam, as a civilization-building system, claims human rights that are the product of human nature and its connection with the elements of existence as creatures of Almighty God; This article, while taking an inward look at Islamic law, emphasizes that human rights can be abolished by the concept of citizenship rights and bound by cultural, geographical, and indigenous constraints, just as absolute and universal human rights can be constrained by religion, accepted without compromising the purpose of these rights. In the implementation phase, the Islamic government as a whole will be responsible for accepting and acknowledging the rights, and secondly, due to the order of precedence, a set of human rights derived from natural rights will be imposed on the government and the government is required to comply with its provisions.