scholarly journals The Islamic Pursuit of Human Dignity: Revisiting Fundamental Rights Theories in Islamic Law and Legal Philosophy

2020 ◽  
Vol 2 (1) ◽  
pp. 23
Author(s):  
Jeroen Vlug
2016 ◽  
Vol 9 (6) ◽  
pp. 68
Author(s):  
Ahmad Purebrahim ◽  
Iraj Goldozian

Human dignity, and respect and commitment to it, is considered as one of fundamental principles of divine religions and international instruments on human rights. Benefit from valuable moral and theological virtues in order to provide of human growth and development exclusively is in the light of fundamental rights and the principle of preserving human dignity. Accordingly, today the concept of human rights and commitment to follow it in the international and national legal systems has a very important position. Rejection of all forms of exploitation humiliation and torture is one of the first underlying layer of human rights which known as negative human rights or social Don'ts. Although as the interpretation of the famous French philosopher Jean-Jacques Rousseau in the eighteenth century, human is born free but in the process of social life and adapting to social situations in different ways to be distracted from their pure nature. Countless people in the world today are subject to oppression, even are subject to varying degrees of slavery instances including humiliation and degradation and prostitution. This research attempts to analyze the irreparable consequences of this phenomenon on human society, and also to look beyond national and transnational criminal measures and policies on this phenomenon.


2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 


2012 ◽  
Vol 16 (1) ◽  
Author(s):  
Azman bin Mohd Noor ◽  
Ahmad Basri bin Ibrahim

Rape victims undergo double jeopardy as they experience unwanted aggression against their freewill which make them suffer physically and mentally, and at the same time they have to fight to be treated fairly and respectfully within the legal environment. There has been a controversial issue regarding rape prosecution in Islamic legal system as the rape victim would be either charged with zinā (illegal sexual intercourse) because of her confession or qadhf (false accusation) as a result of her failure to bring four male eyewitnesses. This paper aims at investigating the fundamental rights of rape victims provided in Islamic law. This will include legal rights to be defended fairly, exemption of punishment, adequate compensation, and other essential rights. This study will explore opinions and arguments of classical Muslim jurisprudents from various schools of law.  


2020 ◽  
Vol 17 (2) ◽  
pp. 196
Author(s):  
Miskahuddin Miskahuddin

Patience is the inner human attitude in restraining the emotions and desires of all needs. The strength of faith and aqidah under Islamic law can affect patients. The ability to be patient by controlling lust will be glorified by Islam. An attitude of patience can make humans refrain from degrading human dignity. Therefore, the concept of patience in the Al-Qur'an is human self-control based on Islamic aqidah in the guidance of the Al-Qur'an al-KarimAbstrakSabar merupakan sikap batin manusia dalam menahan emosi dan keinginan segala kebutuhan. Kekuatan iman dan aqidah yang sesuai dengan  syariat Islam dapat mempengaruhi kesabaran. Kemampuan bersikap sabar dengan cara mengendalikan hawa nafsu akan dimuliakan oleh agama Islam. Sikap sabar dapat membuat manusia menahan diri dari perbuatan merendahkan harkat martabat kemanusian. Oleh karena itu, konsep sabar dalam Al-Qur’an pada dasarnya adalah pengendalian diri manusia berdasarkan aqidah Islam dalam bimbingan Al-Qur’an al-Karim


2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 


ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 139-151
Author(s):  
Tímea Drinóczi

Abstract The Constitutional Court declared in its ruling 22/2016 (XII 5) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.


Author(s):  
Catherine Dupré

This chapter argues that human dignity has a number of established and significant legal meanings and considers how the concept has been constructed. Using the provisions on human dignity enshrined in the European Charter of Fundamental Rights as an example of a recent legal formulation of human dignity in Europe, the chapter considers four key questions, namely what human dignity is, who makes human dignity, when human dignity emerged as a legal concept and why human dignity has been used as a legal concept. It is argued that understanding human dignity involves considering a range of possible answers to these questions. Methodological awareness of this plurality of narratives and narrators gives dignity its dynamism and usefulness as a legal concept.


2020 ◽  
Vol 30 (1) ◽  
pp. 121-143 ◽  
Author(s):  
Lexo Zardiashvili ◽  
Eduard Fosch-Villaronga

AbstractHealthcare robots enable practices that seemed far-fetched in the past. Robots might be the solution to bridge the loneliness that the elderly often experience; they may help wheelchair users walk again, or may help navigate the blind. European Institutions, however, acknowledge that human contact is an essential aspect of personal care and that the insertion of robots could dehumanize caring practices. Such instances of human–robot interactions raise the question to what extent the use and development of robots for healthcare applications can challenge the dignity of users. In this article, therefore, we explore how different robot applications in the healthcare domain support individuals in achieving ‘dignity’ or pressure it. We argue that since healthcare robot applications are novel, their associated risks and impacts may be unprecedented and unknown, thus triggering the need for a conceptual instrument that is binding and remains flexible at the same time. In this respect, as safety rules and data protection are often criticized to lack flexibility, and technology ethics to lack enforceability, we suggest human dignity as the overarching governance instrument for robotics, which is the inviolable value upon which all fundamental rights are grounded.


2009 ◽  
Vol 16 (3-4) ◽  
pp. 239-279 ◽  
Author(s):  
Wael Hallaq

AbstractBy reevaluating modernist assumptions in Islamicist scholarship and in Western moral and legal philosophy, I arrive at the conclusion that the Qur'ān was a source of Islamic law since the early Meccan period, when the Prophet Muhammad began to receive the Revelation. This conclusion, supported by extensive evidence from the Qur'ān itself, compels a modification in the standard narrative about the genesis of Islamic law.


2003 ◽  
Vol 4 (6) ◽  
pp. 533-539
Author(s):  
Craig Smith

Article 1 is the Basic Law's crown. The concept of human dignity is this crown's jewel: an interest so precious that the state must affirmatively protect and foster its inviolability. This uniquely important status is evident from human dignity's prominence in the constitution, the early Federal Republic's pressing need to repudiate the Third Reich, the many judicial and scholarly exegeses of Article 1, and human dignity's unique claim to absolute protection. The success of the German legal construct of human dignity also is apparent from its influence on the European Union's Charter of Fundamental Rights. That document likewise begins with a provision nearly identical to the Basic Law's Article 1.


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