
Translator: Zahra. Kalaa
Source: rasekhoon.net
Source: rasekhoon.net
There are a lot of matters about the word '' right' from terminological and expression aspects which should be discussed as a specialized topic. But because the main purpose of the presentation of matters is to present the important matters of the rights of human from the point of view of the Islam, the main and useful matters are more discussed and the elementary matters that are not useful in the conclusion of the discussion are ignored. Hence, the presentation of matters such as difference between right and owner, right and rule and matters such as the right of priority, ownership and divisions such as natural and situational right should be avoided in the collection of writings and remarks that include the level and the kind of addresses of each group and nation. Of course, these matters should be discussed in detail so that the aspects of the matter are paid attention carefully.
Reminding this point is necessary that logical common definitions that represent the nature of this definition cannot be presented for the expression '' right'' in '' the science of rights'' because this word is as one of valid conceptions in the community and terms such as '' social regulations'' for it are not clear. However, it is possible to use words that explain about this conception more; therefore, some experts have defined '' rights'' as an expression in this way '' rights include a series of regulations and social rules that are enacted in order to establish discipline and fairness in the society of human by God of human and the world so that the happiness of the society can be provided''.
It seems that this definition is more complete than other definitions from the point of view of the religion. Therefore, it can be concluded that rights and the rules of God come back together. It can be said with this statement that rights come back rules. It means that although a person has the right of freedom and can never make himself and herself of deprived of it, some rules are proved for human through the intermediate of this favor of God. In fact, a person that is qualified and his or her freedom has been determined has a rule and a duty and he or she should preserve it and cannot separate it from God. Hence, if freedom, life and … are shown as the right of human, the soul of these rights in the school of the religion is the rule of God.
For example, as a person should use healthy water and weather and should not be deprived of them, he is obliged to use rights that God has determined for. But the meaning of the return of rules to rights is that God has made human prevent from prohibition and fulfill obligations so that they can achieve perfection. In fact, the soul of these rules is the same right of perfection seeking of human. Hence, as it was said in the matter of Sharia and the rules of God, in fact, the root of rules is in the advantages and the disadvantages of human. It can be concluded that the soul of rules includes the rights of God and human and in Quran, the reality of the religion is the right text and the path of God as it has been expressed in this sacred verse
« هُوَ الَّذي أَرْسَلَ رَسُولَهُ بِالْهُدى وَ دينِ الْحَقِّ».
Reminding relationship between human and the incipient life is necessary to prove the reality of the matters. In other words, the rules and the orders of God have been regulated on this basis. Hence, the soul of these temporary regulations comes back objective realities. Therefore, the religious rules are not only a common contract and social validity that can be rescinded with any regular changes, but monotheism is considered as the underlying of all rights of human and exalted God has willed with these regulations to revitalize right and rescind falsity as it has been expressed in this sacred verse
«وَ يُريدُ اللَّهُ أَنْ يُحِقَّ الْحَقَّ بِكَلِماتِهِ وَ يَقْطَعَ دابِرَ الْكافِرينَ»
God has also stated in another verse
« لِيُحِقَّ الْحَقَّ وَ يُبْطِلَ الْباطِلَ وَ لَوْ كَرِهَ الْمُجْرِمُونَ»
It seems that the term '' right'' has been used for the people sent to the hell in the fallowing verse does not mean that torture is determined for them,
«حَقَّ عَلَيْهِمُ الْقَوْلُ»
but it means that this torture is considered for persons that are transgressor in the world although it is not pleasant for them. Hence, the heaven is right for persons that tend to live in the right and the hell is right for persons that tend to live in the false bath and each of them is deserved for whatever has been determined for them;
« فَريقاً هَدى وَ فَريقاً حَقَّ عَلَيْهِمُ الضَّلالَةُ...»
Hence, it can be understood from the interpretation of the verse that they went astray and perished themselves and no one enforced them. Therefore, whatever problems there are for them is caused and made by themselves. What can be understood from the previous matters is that there is a tight relationship between the rules of God and the rights of human as the interpretation was presented. Hence, it is important that on one hand, the position of human and its relationship with the created world and on the other hand, relationship between God and right turn out because the canonization system of right is based on the formative system of right and in fact, they are in line with each other. To know the comprehensive rights of human needs that the rules of God are known and implemented exactly.
One of important matters that should be paid special attention is that who or what persons are allowed to determine the rights of human. It is completely obvious that right is not considered as an absolute validity like national customs and traditions because these kinds of affairs cannot be considered as a common affair for human. In other words, each nation and tribe follows specific customs on the behalf of different circumstances and situations. But when it is discussed about the rights of human, it means that all people of the world can have an original equal common message and consider it as the rule of all nations. Hence, the rights of human cannot have absolute validities that we can recognize with customs and change them, but the rights of human should be in the way that can be accepted by all.
From the point of view of the Islam, to enact the rights of human, we should pay attention to the nature and the value of human. In other words, the philosophy of the life of human with his special features should be analyzed and surveyed and all aspects of the nature of human should be paid more attention and different needs, whether material, spiritual, personal, social and …, that are common among human should be recorded in the articles of the rights of human . Hence, the recognition of human and his inner aspects are the most important affairs that are necessary and vital to enact the rights of human. Hence, if the rights of human are enacted with considering some of these aspects, these rights of human will not definitely be comprehensive and complete.
Analyzing this topic arises this important question, from what ways can we recognize human, to find out his inner aspects and know his major and minor features? Can a specific person or a group of experts of rights have this great claim that we have been able to discover all aspects of the inner of human and his qualified right position and to enact the articles of association of the rights of human?
It is completely obvious and clear that this is a scientific and academic matter and it should be discussed seriously. Although there are the universal declarations of the rights of human in the current world and through appropriate recognition toward some aspects of the inner of human, defensive rules have been enacted about the rights of human, there is a room for criticism, analysis and scientific comments about this area.
We are trying to survey the topic of the rights of human from a religious point of view. Hence, at first, we will refer to the generalities of the matter of the rights of human. There is no doubt that to enact the rights of human, we need a common source. If we are trying to enact the rights of human in a real way, we should have a universal constitution in order to enact it. A legislator is obliged to enact the rules of a country according to a single constitution. Hence, paying attention to a basic universal rule can help us to have more pleasure in enacting rules related to the rights of human. For example, if we want to take care of matters such as the rights of women, workers and sheltered persons, at the first stage, the basic principles dominated on the rights of human that are agreed by all persons in the world should be determined and then we enact each and every case related to those matters and topics.
Definitely, there will not be differences in language, tribe, customs, the color of skin and cases like these because the matter of the rights of human discusses about the rights of each person regardless of these differences, but these rules are related to human from any races and the norm of values is loyalty to rights that everybody should follow them.
Of course, the matters of citizen rights and its relationship with government in each country can be enacted according to the same generalities, but whatever is common in the principles of the rights of human is the greatness of persons on the basis of deep exact appropriate definition from human. Hence, Quran introduces the basis of greatness as the foundation of principles in the rights of human and states
«ان اکرمکم عندالله اتقیکم»
Moreover, exalted God introduces the basic rule of the life and the basic book of humanism and the guidance of human, namely Quran, with the attribute '' generous'' and presents the attribute '' generous'' for the prophets that he had sent in order to defend the rights of human. God also introduces the angels that are .«کراماً برره» the guardians of sending messages from exalted God with term
More importantly, God that has provided the ground of the defense of the life .«ربک الاکرم الذی علم با لقلم» of persons has been introduced as '' great'' and