JURISPRUDENTIAL RESEARCH ON HUMAN RIGHTS
Year:2025 | Volume:2 | Issue:3|Papers Count:6

Background and Aims: In the Islamic legal system, in order to strengthen the family system, there are rights and obligations for the parties to the contract. One of the rights considered is the right to ghasm, which actually includes bitoteh and mazajeeh. Materials and Methods: This research is theoretical, the research method is descriptive-analytical, and the method of collecting information is library-based, and it was obtained by referring to books, documents, and articles. Ethical considerations: Throughout all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts. Findings: Given that couples are obligated to live together in intimacy, happiness, and peace, respecting the right to ghasm and mazajeeh is also considered a prerequisite for good social relations. Paying attention to this right provides spiritual and emotional solidarity, love, and affection between couples. Therefore, if the husband does not respect this right, he has in fact acted against good social conduct. And if continuing to live together, by not respecting this right, causes hardship, hardship and embarrassment for the wife, action will be taken in accordance with Article 1130 of the Civil Code. Conclusion: Some jurists believe that failure to observe the wife's rights, including the right to ghasm, provides grounds for a lawful divorce. One of the documents supporting this theory is the necessity of good association and conduct in a manner that is good or divorce in a manner that is good.

Background and Aim: Fundamental human rights are one of the sensitive concepts in the international human rights system that has been developed specifically in the literature of human rights writers, but its effects have been crystallized in international law. The aim of the present study is to explain the criteria for determining instances of fundamental human rights within the framework of the international human rights system and Islamic teachings. Materials and Methods: This research is theoretical in nature and employs a descriptive-analytical method using library-based tools. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: The examples of fundamental human rights are described as "rules" in the international human rights system and are essentially the starting point for classifying norms, or in other words, the normative hierarchy of the international human rights system. However, in the Islamic approach to human rights, the examples of fundamental human rights do not create a normative hierarchy in Islamic human rights. Conclusion: The criterion for determining the instances of fundamental human rights in the international human rights system is "non-derogability",in other words, those instances of human rights that cannot be suspended under any circumstances (even emergency situations) are considered as instances of fundamental human rights. On the other hand, in the Islamic approach, those instances of human rights that are applicable to all individuals, including Muslims and non-Muslims, are considered as fundamental human rights.

Background and Aim: In the postmodern world, the increasing complexity of social, legal, and ethical relations has forced intellectual and jurisprudential systems to rethink traditional methods of analysis. In the meantime, ijtihad, as the main mechanism for understanding and explaining Islamic rulings, needs to redefine its functions in light of the two fundamental concepts of "formalism" and "fuzzy logic. " Materials and Methods: This research is theoretical and its method is descriptive-analytical. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: Formalism, with its emphasis on structure, internal coherence, and reproducibility of rulings, enables ijtihad to produce defensible legal norms within the framework of the rule of law while maintaining predictability. On the other hand, fuzzy logic, with its ability to understand the variable and uncertain spectrum of issues, helps the mujtahid to derive rulings based on diverse and related degrees and variables. Conclusion: Ijtihad, as a rational and systematic process, also plays an active role in the development of formalistic and fuzzy concepts. By providing precise, structured, and realistic responses, jurists help to identify hidden variables and pave the way for the institutionalization of legal rationality and the development of systematic thought in Islamic jurisprudence. This two-way relationship will ultimately strengthen the effectiveness of jurisprudence, increase the justifiability of rulings, and expand the rule of law in the socio-religious context.

Background and Aims: Fundamental human rights are considered one of the important concepts in the human rights space, which has extensive effects in various fields of human and international rights. The aim of the present study is to explain the mandatory and universal nature of fundamental human rights within the framework of international and Islamic human rights. Materials and Methods: This research is of a theoretical nature and its method is descriptive-analytical with library tools. Ethical Considerations: In all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts. Findings: The absolute and inviolable mandatory nature of fundamental human rights is a common feature in the international and Islamic human rights system. In the international law system, these rights are defined in the form of mandatory rules in such a way that they cannot be violated or suspended under any circumstances. This mandatory nature in the Islamic human rights system is also based on the definitive texts of the Quran and Sunnah and solid jurisprudential principles that consider the protection of human dignity and fundamental rights as obligatory and inviolable. Conclusion: The basic characteristics of fundamental human rights, namely absolute bindingness, universality, superior source, collective and inclusive nature, and the existence of monitoring mechanisms, have made them prominent examples of peremptory norms and universal obligations in both the international and Islamic human rights systems.

Background and Aim: In the 18th century value-based framework, where the concept of right was considered an abstract concept and respect for individual rights and freedoms was a priority, the utilitarian theory was proposed by welcoming the method of empirical observation in legal analysis and strongly opposed the concept of natural right. In this regard, the aim of the present study is to explain a critical approach to the impact of the utilitarian interpretation of the concept of right on human rights. Materials and Method: This research is theoretical and has been compiled using a descriptive-analytical method. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: Utilitarianism considers a realistic dimension to rights and considers rights to be a guarantee of the benefit of the holder, which is expressed, protected, and guaranteed by law. Also, the benefit considered by utilitarianism is a collective benefit,as a result, it considers the priority of rights that have a social function. Conclusion: To resolve the conflict between individual rights and freedoms on the one hand and public interests or public morality on the other, given the need to establish a balance between individual rights and collective interests, as well as public morality, the solution or idea of balance must be applied. Regarding the conflict in the simultaneous implementation of individual rights and freedoms, all the proposed solutions are relative. Therefore, the most important criterion in resolving conflicts is to pay attention to the circumstances of each case and not consider any of the solutions as a definitive and permanent answer.

Background and Aim: Domestic violence, as a global issue, is considered a blatant violation of fundamental human rights and imposes numerous adverse consequences on women's lives. This research aims to examine the violation of human rights in domestic violence against women, as this phenomenon has extensive destructive effects on various aspects of their lives. Materials and Methods: This research is descriptive-analytical and compiled from library sources. Ethical Considerations: The originality of the texts, honesty, and trustworthiness have been observed in writing the article. Findings: Considering the harmful and destructive consequences of human rights violations in this matter, it is essential and unavoidable to take decisive and effective measures to prevent and reduce these adverse effects. Violations of the right to life and human dignity, gender discrimination, and violations of the right to health are among the most important and prominent consequences of domestic violence. Conclusion: The formulation and approval of supportive and preventive laws regarding combating violence against women is considered a fundamental and necessary action to reduce and mitigate the effects and prevalence of this destructive social phenomenon. These laws, by creating effective legal mechanisms, can not only provide necessary support to women at risk and victims of violence but also play a deterrent role against violent behaviors. Educating and raising awareness in society about women's rights and the harmful consequences of domestic violence can significantly influence changing attitudes and correcting inappropriate behaviors. Ultimately, empowering women by providing access to education, job opportunities, and social support can assist them.