Journal Paper

Paper Information

Journal: LAW & POLITICS RESEARCH JOURNAL | Year:1389 | Volume:12 | Issue:28 | Start Page:53 | End Page:90

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Information Journal Paper

Title

COMPARATIVE STUDY OF RIGHT AND DUTY IN ISLAMIC AND STATUTORY HUMAN RIGHTS

Writers

BAGHERY ABBAS

Pages

 Start Page 53 | End Page 90

Abstract

RIGHT and DUTY are kinds of subjects that appropriate the most and challenging point of views. Each ideological school considers these issues regarding to its own world view and its own specific values. Islam not only as a religion but also as an ideological school has seen these issues. In other words, the main part of Islam is chain of RIGHTs and duties that form a main part of ISLAMIC LAW.Our research about the concept of RIGHT indicates that the common point of RIGHT definition in the legal system of Islam and Human RIGHTs is its “Privilege of Being”. Whatever is in Islam is “the RIGHTs of human” and if it talks about duties, if notice accurately, finally they serve “human RIGHTs”. Originality of RIGHT is another issue that will be discussed in this paper. In other words, according both systems, RIGHT is principle and DUTY is supplementary and subordinate.Still, there are many important aspects that should be researched. A major study in this field is to identify the most important point of contrast in the territory of Islamic legal system and Human RIGHTs.Hence, the writer has tried to study 'RIGHT" and "duty" from the perspective of Islamic RIGHTs and Human RIGHTs. Moreover, it has been trying to consider factual manifestation of RIGHT and DUTY in the Constitution of Islamic Republic of Iran- that is actually the integration of Islamic and Human RIGHTs viewpoints (with the superiority of Islamic views).

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