Philosophy of Human Rights
Publisher's speech
Name of God
Imam Sadiq (peace
be upon him) said: "Everyone in the world has his own time, there are no
mistakes and doubts over him".
As the times are
different, speeches and conversations are also different at any time, and only
humans can survive in the life of their lives by hearing and taking them into
consideration, which knows the errors and doubts of science and practice, and
with Having a shield of knowledge and awareness prevents it from attacking it.
Accordingly, one of
the most important roles of religious scholars and scientific scholars is to
identify these mistakes and doubts and to exclude them from the scope of
religious thought and beliefs of the faithful.
The fact that now
in our time has become a pretext in the hands of the aggressors of the ages,
and every time that the grief of the oppression and rightfulness of the people
comes out, with the same token, they have sunk them more into the hollow pit
and do not allowed the movement and liberation from constrain tyranny and
colonialism .It must be
investigated and analyzed and presented with correct ideas about it,
disproportionate, so that the deceived powerful are disarmed, and the seekers
of the right path know the destination and move towards it.
Based on the role
played by Islamic scholars, a series of debates on human rights foundations and
resources are under discussion and Ayatollah Javadi Amoli, along with a number
of learned-men and knowledgeable and interested students in Islamic sciences in
1367 HS , he addressed analyzing the foundations and sources of human rights in
the Qom Seminary until become familiar the Human societies generally and the
Islamic society, especially with this method of era and find the path of liberation that comes from the religion of Islam.
Therefore, the
contents of the book are compiled under the supervision of the author, who
discussions and lessons focus on explaining the principles and sources of human
rights, which is the philosophy of human rights, although implicitly referred
to some human rights material and a brief analysis has been made of it.
Noteworthy,
compilation and writing is a widespread and profound introduction to this valuable
book written by the author and it has a special strength and as noted in the
introduction itself, the level of the subject matter of the introduction has
been significantly different from the book itself and only scholars and
researchers of this field with special precision can grasp their gestures and
deep points.
In the end, We appreciate Mr. Sayed Abu Al-Qasem Husseini
who have been bothering to adjust and edit the course set and we pray for his
more success from God.
Chapter One:
Principle of agent and purpose of human rights
Reminder
The compilation of universal human rights requires a review of the legal philosophy of its central lines in the text of the book. What is said in this preface is the material that was not needed at the time of writing or expressing issues or referred to briefly. Hence, as the introductory chapters, a few things that only concern the philosophy of human rights, not human rights itself, nor rights against international law.
Shari'a, like nature, beyond the principle of agent and purpose that arises from it and it has a natural connection, it has an ultra-natural connection to the principle of agent and purpose from which it is exported and returned to it. Therefore, material insight into the human sciences such as law, jurisprudence, ethics, politics and the like, such as material insights into empirical sciences, such as geology, mineralogy, botanical and the like, would be incomplete knowledge, because for if intelligence and wisdom of one were reduced to the nature of the axis and was cut off from its principle of agent and its creator, and cut off from its principle of purpose and its final reference, along with his experimental and humanistic research, he will have a horizontal course, and never will be vertical course. For example, a material mining scientist always thinks so that particular mine had a special shape from time to time and in the course of the ages, the natural events are now in a special way and is expected to come to a different future in the near or far future; and it never falls within the scope of material thinking, vertical and supernatural what is the principle of agent, that special mine has created? And his regular moves and for which ultimate purpose he created and guided him? In other words, the general principle (He is The First and The Last) is never in the view of a material thinker. Such a view interprets nature in the orbital path of its horizons, he never thinks about the height of his vertical ascent. If he wants to pay attention to the humanities such as law, ethics, politics, etc., the result will be incomplete and incomplete, because it is not expected from the wise except the imperfect and the discarded.
Reviews by experts
However, if the perceived reason and knowledge of the subject were not limited to nature, but that any being that you are not of the same nature, if it was material, regardless of the origin of natural extinction, it is dependent on the natural, continuously, his empirical and human exploration is a comprehensive, horizontal and vertical course. That is, he also thinks deeply that, for example, that mineral phenomenon has already been material in terms of matter, and what is now and what will happen later. And it is precisely understood that this mineral incident, as all creatures of possibility of the universe, It originated from a purely Principle of agent, and returns to its Principle of purpose in its final path.
Origin of human rights
Therefore, jurisprudence, which is part of the humanities, it deeply appraises what rights really does the truth rely on objectively? And from which it infers fact? Because in this insight, the humanities which has a significant contribution to human nurturing, it’s never a mere credit and without trusting the outside reality, it will not realize whether human beings or nature and mettle. After accepting the principle of human rights communication with the facts of existence, it is examined what will be the way to discover the principles and extract the rules and deductions of legal material from that evolutionary backbone? In all these steps, it is carefully examined the principle of agent and purpose of the system of existence and how it created the legal origin of mankind and how did he learn to discover it human.
Effect of monotheistic insight
First, the being of the rights and, second, the proof from the point of view of a divine thinker completely relate to his monotheistic insight. However, the Divine School will also be responsible for explaining the position of the being of the rights and the proof. Because the principle of agent of the rights, God is glorified of matter and nature, the principle of purpose is striving to get near to God, who glorified of time and place and any other material constraints.
The ultimate goal is God's Meeting
Therefore, the issue of justice, according to some opinions, it is the basis of rights, and according to some other evidence, it is the goal of rights. Although in general it is correct, it will not accurate in detail. Because the ultimate goal of researching and realizing the rights of individuals and society, achieve right man to the high dignity of God's Meeting, what is the Holy Qur'an, while respecting justice and justice, it recognizes it as outstanding, in the light of this, the righteous find the power of the dignity ascension, and that superior dignity is that right the human's soul is luminous.
We can deduce this from the sum of the verse “Indeed We sent Our
Messengers with Signs and Miracles and revealed to them Books of Religion and
gave them The Criterion for establishing justice Among the people.) Al-Hadid “(25 That
the purpose of the message of divine prophets and the descent of religious
books is to bring people to justice “Alif. Lam. Ra. This is a Book which We
Have revealed to you] O, Messenger [so That you may by their Creator’s Command
bring out mankind from the Darkness] of ignorance and polytheism [Into the
Light of] Faith and Knowledge [And to the Path of the Supreme power Commander
of Faith, (Ibrahim “(1 And the first verse of Surah Ibrahim, which aims
to illuminate the people of the descendants of the Book of God, because the
dignity of the perfect man’s illumination is at the same time his scientific
and objective intuitions towards the higher facts of the world of nature and
similitudes; as is
the case of Haritha
bin Malik and the description of the righteous is used to express Imam Ali
(peace be upon him): The greatness of the Creator seats in their heart,
and, so, everything else appears small in their eyes. Thus to them Paradise is
as though they see it and are enjoying its favors. To them, Hell is also as if
they see it and are suffering punishment in it.
The secret of the necessity of such a superior goal is that each accidental attributes must lead to essence, this rule is the same as it is true about the chain of efficient causes, each accidental agent must lead to essence agent that is God, accidental purposes must refer to essence purpose that also is God, Therefore, the goals of all human activities, as long as they not attain by God’s Meeting, are the medium of purpose, not the final, inevitably it will be an accidental object not essence object, from here, the human rights objectives according to Islam will be clear.