The Concept of Right in Two Paradigms “ the Islamic Civil Code and the Western Democracy”

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Kabiri Sarmazdeh Jafar

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2017 | Volume:- | Issue:14 Page(s): 145-166

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Title

The Concept of Right in Two Paradigms “ the Islamic Civil Code and the Western Democracy”

Author(s)

Kabiri Sarmazdeh Jafar | Issue Writer Certificate

Keywords

RightQ2

hukmQ2

Western democracyQ1

Civil jurisprudenceQ2

Abstract

the concept of Right is one of the fundamental concepts in the legal, religious and political topics and it is one of bases and principles of democracy. In the modern time, with the manifestation of thinkers and philosophers such as Tomas Hobbes and John Locke, the concept of Right has been far from its moral and divine background and it has been tied up with the concepts such as freedom, free (authority), Self-ownership (or sovereignty of the individual, individual sovereignty or individual autonomy). From that time, the dualism and paradox of the Right and assignment has been propounded by the philosophical and political literature. The concept of Right has an ancient history in the way of Islamic, religious thought and from the other side, it is considered by Islamic scholar specially fuqaha (Islamic jurists). The concept of Right when it is used in the public and political area of Muslims relates to the concept of the Right of individual autonomy of people which is the basis of democracy. This question is introduced what the position of people in a religious system based on divine sovereignty and the Right of their sovereignty forms. With studying the Right in the two paradigms f Western democracy and religious democracy, this research has examined different opinions of fuqaha (Islamic jurists) about the concept of Right. Briefly the opinions of fuqaha relating to the sovereignty of people and the legality of their presence can be categorized into three groups: absolute disagreement, absolute agreement and stipulated (conditioned) agreement.

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APA: Copy

Kabiri Sarmazdeh, Jafar. (2017). The Concept of Right in Two Paradigms “ the Islamic Civil Code and the Western Democracy”. CIVIL JURISPRUDENCE DOCTRINES, -(14 ), 145-166. SID. https://sid.ir/paper/227194/en

Vancouver: Copy

Kabiri Sarmazdeh Jafar. The Concept of Right in Two Paradigms “ the Islamic Civil Code and the Western Democracy”. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2017;-(14 ):145-166. Available from: https://sid.ir/paper/227194/en

IEEE: Copy

Jafar Kabiri Sarmazdeh, “The Concept of Right in Two Paradigms “ the Islamic Civil Code and the Western Democracy”,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 14 , pp. 145–166, 2017, [Online]. Available: https://sid.ir/paper/227194/en

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