As part of the discussion, we publish the article by A. Saberi "Islam and human rights" and the afterword by the Candidate of Historical Sciences E. M. Rusakov "Human rights - universal heritage". The article of the Iranian researcher reflects the basic, fundamental principles on which the approach to the human rights of a significant part of Muslims - both the mass consciousness and the ideas of a part of the elite (and not only Shiites, which include the overwhelming majority of the Iranian population) - is based. In some ways, it also echoes the approaches of some representatives of other faiths, including Christian ones.
A. SABERI (Iran)
The topic of human rights and their basic principles has attracted attention since ancient times. In the holy book of Muslims - the Koran, as well as in the sayings of the prophets and imams, detailed explanations are given about the permissible and forbidden actions of a person.
However, the question arises: are there any peculiarities in the Islamic interpretation of the very concept of "law" and why in recent decades the need for creating unified universal laws has become so acute?
HUMAN NEEDS AND INTERESTS
What are human rights?
Human rights are a set of laws that ensures a person's existence, existence and life, or, in legal terms, meets the basic needs of a person and guarantees their provision.1 This code applies to every person, regardless of whether they belong to Western or Eastern society, whether they are black or white, Muslim or non-Muslim.
If the right to exist is the main and fundamental human need, then it is natural that human rights should first of all provide for this most important need.
The right to life and existence is a universal right, i.e. it belongs to absolutely everyone without exception, regardless of a person's position, belonging to any nation, tribe, or society. All people-Western, Eastern, yesterday, tomorrow, today, black, white, believers and non-believers-need the right to life. To continue their existence, people also need freedom, because without freedom, they will not be able to answer for their actions. This natural need must also be met.
The religions and messages of the divine prophets are established for the individual and society on the basis of goodness and expediency. They are designed to provide for the interests and needs of a person and keep him from promiscuity and corruption. And if people and societies have had errors, it is the duty of religions to correct them.
In Islamic sources, this topic is repeatedly and strongly repeated. The Qur'an contains an address from Hud (one of God's Prophets) to his people:
"He said,' My people! Have you considered if I have a clear sign from my Lord, and He has given me a good provision, and I will not disobey you in what He has forbidden you?.. I only wish for a fix while I can. My help is only with Allah; in Him I have put my trust, and to Him I turn." Surah 11. Hud: 90 (88)*.
The famous Andalusian Imam Shatebi, in his book Concord, classified the interests of humanity according to the degree of importance from the point of view of Sharia and on the basis of faith, worship of the Lord and morality as follows::
1. The primary interests that are most important for the life of a person-a living and majestic being; without ensuring these interests, he would not be able to lead a life worthy of his position.
2. Necessary interests, the lack of which creates problems and difficulties for a person.
3. Desirable interests: providing for them makes a person's life beautiful and brilliant.
In the category of primary interests, he identified the 5 most important ones:
1. Protection of religion (right to protection of religious beliefs).
2. Protection of the soul (right to life).
3. Protection of the mind (right to freedom of thought and reflection).
4. Protection of the family tree (the right to continue the family and strengthen the foundations of the family).
5. Protection of property (right to property).
Religion has created laws for the purpose of shaping and respecting the interests of man and protecting him from decay and decay. These 5 points serve as a kind of umbrella and imply most of the human rights such as the right to life, the right to freedom, the right to receive education, the right to own property, and the right to participate in public life.
* Koran (translated by Academician I. Y. Krachkovsky), Moscow, Raritet Publ., 1990.
public life in order to create a fair legal structure 2.
Islamic scholars, taking as a basis the views of Imam Shatebi about the interests of man, for which the religion was revealed, formed a set of Islamic human rights that serve his interests and his good.
MAN IS THE MOST VALUABLE CREATION OF EXISTENCE
Human dignity was and is considered to be the fundamental foundation of Islam. The Koran, traditions, the lives of religious leaders, and historical Islamic evidence all confirm this idea.
God declares man to be the noblest and most valuable creation of existence: "We honored the sons of Adam and carried them on land and sea, and gave them good things, and gave them an advantage over many whom We created." (Qur'an: Surah 17. Moved it at night. 72 (70).
This succinct saying demonstrates the high position of a person, his nobility, greatness, dignity, regardless of gender, skin color, nationality, worldview and faith, etc.
Thus, human rights in Islam have stronger foundations than those professed by Western society and international organizations. The fact is that they base laws and humanity in the protection of human rights only on the dignity of the person (essence) of a person as such, and Islam, like other religions, recognizes both the dignity of a person's personality and the value of his dignity as the most perfect creation of God.
It is precisely in the difference in the basis of laws that there is a very significant difference between the Islamic approach and the position of international organizations.
The foundations of human rights humanity in Islam fall into two categories.
The first is theoretical, which consists in looking at being and man from the point of view of Islam, the second is practical, which requires changes in human behavior. The purpose of practical foundations, as opposed to theoretical ones, is to directly define a person's behavior and actions.
In Islam, a person is given dignity as a creation of God, and not just because of differences from other living beings. Since the Lord is the creator and absolute perfection, everything created by Him has dignity. Hence, a person who has the dignity of being a creation of God from the point of view of Islam should be perceived as good, since the main basis of a person is good, and not evil. And if so, then we have no right to deprive anyone of their right to exist with anyone's permission, because the basis of human dignity in Islam is the good of their very existence. For this reason, even in military operations, it is unacceptable to attack a person without permission or for a legitimate and obvious reason - whether it is a woman, man, child, old man or young person3.
Islam, like other religions, considers man to be the best, peerless creation of the Supreme Lord. Therefore, human rights, protecting people, and showing respect for people are the key tasks of Islam. Man should be treated as an unparalleled creation of the Great God who has been granted eternal life, and not as some commodity or product of humanity, or a consumption machine.4
Thus, the scholar Muhammad Taghi Jafari, in an interview with Dr. Arvin Parome, one of the European experts in the field of human rights, pointed out the existence of two types of human dignity. The reason for the imperfection and inferiority of the international concept of human rights is that it is based only on the dignity of the human essence, which is recognized by all religions and philosophical teachings, but it does not take into account the dignity of the human value, which all religions and philosophical schools consider more important than the dignity of the human person.
Ayatollah Javadi Ameli writes in his book" Philosophy of Human Rights": "A person is a noble and precious pearl, and his nobility is a reality similar to the nobility of the angels and the Koran, since they are all a manifestation of the noble. Gentlemen... " Therefore, the nobility of a person is an indicator that he is superior to other living beings, that he has the highest and best properties, that is, he is the pearl of all the creations of this world.
The basic law of the Islamic Republic of Iran is based on Islam. The second part of the Constitution states the following: "The Islamic Republic is a system of government based on the belief in... the nobility and supreme value of man and freedom and his responsibility before God, which ensures equality, justice and political, economic, social and cultural independence, as well as national unity and solidarity ..." 5
Thus, the foundation of human rights in Islam is the value of human dignity, which is placed higher than in the Western world.
Islam sees a person as striving for perfection, so the one who is more virtuous, more intelligent, more learned and more useful to society is the one who is more valuable. Of course, not recognizing the value of man as the highest creation does not detract from the value of the very essence of man and cannot cause disrespect for man, causing him harm. The result of these two kinds of virtues is that, because of the value of the essence of all people, as long as they do not voluntarily commit a crime, offense, insult society or other people, their soul, nobility and dignity of the essence should be inviolable and protected. The dignity of the individual itself makes it necessary to protect a person from any kind of attack.
However, only the dignity of value that brings a person closer to the Lord, elevates him in society, encourages a person and society to grow spiritually and improve, think correctly, do good deeds, and cultivate morality in a person. If we recognize that the dignity of value is higher and more important than the dignity of the essence of a person, then the verse of the Koran becomes extremely clear, where it says that "the most noble of you in the sight of Allah is the most pious."
This is how the commitment to religion and morality, which are based on the perfection and greatness of man, becomes meaningful. The concept of human rights should be based not only on the dignity of the human person, but also on the dignity of the human value that religious teachings teach.
Murtaza Yusufi is happy. 1 What are the foundations of humane human rights in Islam and what is the difference between humane human rights and ordinary human rights? - in the collection of articles of the Conference on Islam and Humane International Human Rights. Publishing House of the Research Center for Islamic Culture and Science. Tehran, 2006, p. 45.
Rashed Al-Ghonoushi 2 (Tunisia). Human rights in Islam. Tehran, 2002, p. 63.
Mohsep Moini. 3 The essence of life values// Newspaper "Iran", 8.03.2006.
4 Message of the World Summit of Religious Leaders. Moscow, 3-5.07.2006 - http://www.mospat.ra/index.php?page=32132
Muhammad Yazdi. 5 The Basic Law for all. Tehran, 1996. Basic Law of the Islamic Republic of Iran. 1979, chapter 2.
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