Alhassanain(p) Network for Heritage and Islamic Thought

Table of Contents

Dedication 13

Introduction To Irano-Islamic Views On Human Rights 14

Iranian Muslim Thinkers and Human Rights 14

Bibliography 23

Notes 23

Sources Of Human Rights In Islam 24

Man is in essence valuable and worthy 24

Man is a God-seeking being 24

Man is eternal 25

Man reaches the abode of stability 25

Man has Genetic Relationship with the Cosmos 26

Man has two Dignities: Social and Individual 26

Principles of Human rights in Islam 29

Life 29

Everyone has the right to life 29

Kinds of life and the Relationship Between Them 30

The Most Important Distinct Feature Between Physical and Spiritual Life 32

Islam Condemns Suicide 32

Reasons for Forbidding Suicide and Homicide 33

Freedom 34

All prophets were freedom-bringers 34

The Difference between Islamic Stance On Freedom and that of other Schools of thought 35

The Glorious Manifestations of the Qur’anic Attention to Freedom 37

The Difference between Genetic Freedom and Legal Freedom of Man 38

The Relationship between Life and Freedom 39

Justice 40

Analytical Definition of Justice 40

Understanding and Feeling Justice 41

Explaining Justice within the Realm of Human Powers 42

Justice is All-Pervasive 44

Justice: One of the Goals of the Prophetic Missions 45

Justice Runs through the Entire Universe 46

The Union of Justice and Moral Issues 48

The Principles Of Rights As Reflected In The Sahifah Sajjadiyah 51

The Philosophy of Human Rights 51

The Right of God over Men 53

The Right of Oneself over Oneself 54

The Right of Non-Muslims 54

Notes 55

Individual Rights In Islam 57

Freedom at First Glance 58

Freedom within Man’s Realm 58

Man’s Freedom in Islam 59

Islam and Man’s Instincts 59

Limitations and Boundaries 59

Backgrounds of Freedom 60

One-Freedom Vis-A-Vis Others 60

Two-Freedom Vis-A-Vis The Society 60

Three-Freedom Vis-A-Vis The State 60

Four-Freedom Vis-A-Vis The International Community 60

Five-Freedom Vis-A-Vis The Almighty 61

Sixth-Freedom Vis-A-Vis Oneself 61

Study of the Universal Declaration of Human Rights 61

Individual Freedoms in Islam 64

Freedom of Opinion 66

Freedom of Religion 67

Notes 69

The Development Of The Concept Of Human Rights 71

The Relation between two Philosophical and Social Issues 71

Criteria for Recognizing Human Rights 73

The Historical Course of Human Rights 74

Universal Declaration of Human Rights and the Cairo Declaration of Human rights in Islam: A Comparative Study 76

The Universal Declaration of Human Rights and the Cairo Declaration of Human Rights in Islam 79

The Islamic Declaration of Human Rights 81

The Shortcomings of the Islamic Declaration of Human Rights 81

A Comparative Study 82

Common Points In The Two Declarations 82

Differences Between The Two Declarations 83

The Shortcomings of the Universal Declaration of Human Rights 86

Human Rights in the Past and in the Present Times 87

Appendix 1: Universal Declaration of Human Rights [1948] 87

Preamble 87

Article 1 88

Article 2 88

Article 3 88

Article 4 89

Article 5 89

Article 6 89

Article 7 89

Article 8 89

Article 9 89

Article 10 89

Article 11 89

Article 12 89

Article 13 89

Article 14 89

Article 15 90

Article 16 90

Article 17 90

Article 18 90

Article 19 90

Article 20 90

Article 21 90

Article 22 90

Article 23 91

Article 24 91

Article 25 91

Article 26 91

Article 27 91

Article 28 92

Article 29 92

Article 30 92

Appendix 2: The Cairo Declaration Of Human Rights In Islam 92

Article 1 93

Article 2 93

Article 3 93

Article 4 93

Article 5 93

Article 6 94

Article 7 94

Article 8 94

Article 9 94

Article 10 94

Article 11 94

Article 12 95

Article 13 95

Article 14 95

Article 15 95

Article 16 95

Article 17 95

Article 18 96

Article 19 96

Article 20 96

Article 21 96

Article 22 96

Article 23 97

Article 24 97

Article 25 97

Sources 97

Note 97

Survey Of The Similarities And Differences Of Human Rights In Islam And In The West 98

1- Necessity of the Discussion 98

2- Approaches 99

3- The Approach of this Article 99

4-Public and Common Sources of Islamic and Western Rights 100

5- Common Foundations 100

Unity Of Mankind 100

Man’s Natural Value 101

The Individual And The Society 101

6- Common Provisions 102

Life 102

Freedom 102

Justice 103

7- Differences 104

Notes 105

Political Rights Of People In Islam 106

Introduction 106

Part 1: The Presumed Principles Of Self-Determination And Political Matters 109

Part 2: Affirmative Principles As Self-Determination Of Political Matters 110

Rational Demonstration 110

Principle of the Lack of Leadership 111

The Principle of Sovereignty 111

Consulting with People 111

Verses of Viceroyship 111

Part one-Verses of Vicegerency and Trust Holding 111

Second group, Verses of Viceroys of the Earth 112

Third group of verses: Leadership of the upright believers 112

The Verses Guaranteeing Social Duties 113

General Guardianship of Faithful Men and Women 113

Imam Ali’s Explications in Nahj al-Balaghah 115

Part Three: Self-determination and Political Decrees in Human Rights Documents 115

The Constitution of the Islamic Republic of Iran 116

Article 6 116

Article 7 116

Article 8 116

Article 56 116

Article 177 117

Notes 117

Criticism And Study Of Cairo Declaration Of Human Rights In Islam 119

The principles and contents of the Universal Declaration of Human Rights 119

International Covenants on Human Rights 120

Human Rights From a Religious Perspective 121

The Social Aspect of Religious Vision 121

The Muslim World Vis-a-vis Human Rights 124

Study of the Cairo Bill of Human Rights in Islam 124

Its Approval And Its Contents 125

The General Features Of Cairo Declaration Of Human Rights In Islam 125

Equality Of Responsibilities Or Equality Of Rights 126

Freedom Of Choice And Change Of Religion 127

The Source Of The Government Authority 128

Prohibition Of Slavery 129

Recognition Of The Right To Literary Works 129

Equality Of Men And Women 129

The Condition Of Accordance With The Islamic Principles 130

The Innovations Of The Cairo Declaration Of Human Rights In Islam 131

Conclusion 131

Notes 133

Human Rights: The Clashes Between Individual And Collective Rights 134

The Clash Between Individual and Public Rights According to the Universal Declaration of Human Rights 135

Two Views on the Universality of Human Rights 138

Cultural Relativism 141

Conclusion 147

Notes 150

Human Rights And Asian Values (With emphasis on Eastern Asia) 152

Confucian Concept 152

Abstract Rights 153

Asia: Power and Values 156

Conclusion 159

Notes 160

Primary Principles Of Law In Islam 161

Prologue 161

Essential Issue of Justice 161

Principle of Justice in Shi’ism 162

Primary Fundamentals of Islamic Law 162

The Relation between Law and Ideology 162

The Final Relation of Right and Right Owner 163

Subjective Relation between Right and Right Owner 165

Goal-oriented Relation Causes Potential Right 165

The Role of Reason and Free will in Causing two Stages for the Right of Man 166

Right of the Earth on Man 166

Inseparability of Right and Task 166

Right of the Weak People 166

And 167

An Essential Difference 167

Social Rights 167

Right of Companion 167

The Name ‘Ali is ldentified with Justice 168

International Rules For Women's Rights: A Challenge Of Values 171

Introduction 171

Women’s Convention: Characteristics 172

Women’s Convention and Reservation: Position of Islamic Countries 174

The Position of the Muslim Countries 176

Article 7: Malaysia 176

Conflict of Ideas 177

Conclusion 182

Notes 183

Independence And Economic Rights Of Women 186

Study of Backgrounds of the Realization of Women’s Right to Property 187

Girls 188

Affinal Kinship 189

Subsistence 190

Payment 192

Inheritance 192

Amount of inheritance 192

The properties from which women inherit 193

Employment 193

Conclusion 195

Sources: 196

Reference Books 196

Farsi Books 196

Arabic Books 197

International Documents 197

Law 197

Notes 198

Reproductive Health And Rights 201

The Genesis of Reproductive Health and Rights 201

The Conceptual Development of Reproductive Health and Rights 204

Reproductive health 206

Family Planning 207

Abortion 208

Education-Information-Communications 209

Reproductive Health and Rights in Islam 211

Abortion in Islam 214

Conclusion 215

Bibliography 216

Notes 216

International Humanitarian Law In Islam And Contemporary International Law 219

Introduction 219

Chapter 1- Generalities 221

Definitions 221

The Features Of The System Of Islamic Law 222

The First Feature: Divinity 222

The Second Feature: Inseparability 222

The Historical Conditions For The Formulation Of The Islamic Law System 222

The Sources Of Islamic Law 223

Chapter II-The General Concepts of International Humanitarian Law in Islam 224

War against Armed Thieves and the Bandits 224

War against the Rebels and the Kharijites 225

International Armed Strifes 227

Employment of Arms 227

Distinction between Combatants and Non-combatants 229

Treatment of Enemy in War 230

Forbidden Treatments 232

Massacre and Lack of Right to Surrender is Forbidden 232

Outrages against the Dignity of the Wounded is prohibited 235

It is Forbidden to Destroy the Buildings and the Trees 236

Special Classes Under Protection 237

Women and Children 237

Old People 238

Scapegoating Enemy by the Muslims 240

Treatment of Prisoners of War 240

Liberating out of Mercy 241

Ransom 242

Execution of the Prisoners of War 242

Slave-taking 243

First: Arbitrary Freedom 244

Second-Compulsory Freedom 244

The Rights of Prisoners of War 245

Granting the Right of Corresponding to Family 245

And 246

Concluding Comments 246

Notes 247

International Human Rights Regime: A Theoretical Approach To Regime Formation And Persistence 251

Jean-Jacque Rousseau 251

Introduction 251

Regime Theories 251

The Theory of Hegemonic Stability 253

Cosmopolitanism 255

Game Theory 256

General Aspects of Human Rights Regime 258

Dimensions 258

Principles 258

Norms 259

Rules 259

Usage And Custom 259

Knowledge 259

Implementation Procedures 260

Monitoring Regime Consequences 260

Historical Antecedents to Human Rights Regime 260

The Charter Of Cyrus 260

The Four Tribunals 260

Article 6 264

The UN And The Universal Declaration 265

Custom And The UN Resolutions 265

Regional Regimes In Europe, The Americas And Africa 266

The Council of Europe 266

The European Union 266

Women’s Rights 267

Self-Determination And Autonomy Regimes 267

International Criminal Regimes 267

Development Regime 269

Conclusion 269

Notes 272

The Impact Of The Changes Of International System On The Concept Of Human Rights 275

Introduction 275

The Age Of Ignorance 276

The Time Of Transition And New Hypotheses On Rights 277

The Creation Of International System And The Study Of Lndvidual And Public Rights 278

Part Two-Development of the Concept and the Function of Human Rights from the French Revolution up to the Present 280

From The French Revolution To The End Of World War II 280

Position Of Human Rights In Bipolar System 282

International Institutionalisation of Human Rights 282

The Instrumentalization of Human Rights in the Foreign Policies in Western Countries 285

Critique Of The Principles Of Western Human Rights And Protest Against Its Misuse In Foreign Policies 287

Conclusion 289

Notes 290

Human Rights In Practice:The Violation Of The Muslims’ Rights Throughout The World And The Position Of The United Nations Towards This Issue 291

Part One-International Regime of Human Rights. The Historical Change of Human Rights 291

Part Two-Human Rights in Practice Muslims in non-Muslim Societies 297

The Israeli Attitude Towards The Palestinians In The Occupied Lands 297

The Status of Palestinian Refugees 298

Inhumane Conduct towards the Palestinian Prisoners And Arbitrary Execution 299

Armed Attack against the Civilians 299

Surrounding the Occupied Territories 300

The Muslims In Bosnia And Herzegovina 302

Chechnya In The Domain Of Russia: Independence Or Repression 304

Conclusion 306

Notes 308

Human Rights Developments After The Second World War 311

Introduction 311

We the people of the United Nations determined 313

The Formation of Human Rights 313

First Generation Of Human Rights 313

Second Generation Of Human Rights 314

Third Generation Of Human Rights 314

New Trend 316

Impact on International Documents of Human Rights 317

Universal Declaration Of Human Rights 317

Human Rights After The Universal Declaration 318

Inside the United Nations 318

Outside the United Nations 320

3. the Helsinki Accords was adopted in 1975; and 321

Formation Of The Third World Human Rights 321

Right to Development 321

Right to Self-determination 324

Present Situation of Human Rights 326

Responsibility Of Human Rights 326

Indivisibility Of Human Rights 327

Universality Of Human Rights 328

Limitations On Human Rights 328

Democracy And Human Rights 329

Notes 331