THE EFFECT OF CULTURE ON RELIGIOUS RIGHTS ACCORDING TO LEGISLATIVE FACTS

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GHANE AHMAD ALI; POORKIANI MOHAMMAD; FATHOLLAH BAYATI MOHAMMAD REZA

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Journal: RELIGION & COMMUNICATION Year:2016 | Volume:23 | Issue:1 (49) Page(s): 137-166

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Title

THE EFFECT OF CULTURE ON RELIGIOUS RIGHTS ACCORDING TO LEGISLATIVE FACTS

Author(s)

GHANE AHMAD ALI | POORKIANI MOHAMMAD | FATHOLLAH BAYATI MOHAMMAD REZA | Issue Writer Certificate

Keywords

CULTUREQ2

RELIGIONQ2

RIGHTSQ2

JURISPRUDENTIAL APPROACHQ1

ABSTRACTIONSQ2

TA'ZIRATQ1

Abstract

In the first place CULTURE is related to a given society's perceptions, inclinations, and behavior, while, in contrast, RIGHTS relate to what must and must not be done as prescribed by RELIGION and implemented by a religious government. This article is to demonstrate the presence of CULTURE even in religious RIGHTS after discussing the effect of CULTURE on RIGHTS. This can be surveyed from different angles. First, by considering the attachment of RIGHTS to RELIGION, their relationship is discussed. Three different approaches, namely traditional, religious CULTURE translation, and jurisprudential, have been mentioned in the field of RELIGION. Cultural translation has separated RELIGION from CULTURE and gives priority to the latter, while traditional approach subjugates CULTURE to the former and denies any CULTURE independent from RELIGION. Finally, it is the JURISPRUDENTIAL APPROACH which opts for a moderate and intermediate opinion in the interaction between the two and offers its reasons for it.The second survey deals with the origin of the RIGHTS' abstraction and by explaining Allame's theory in this regard, it talks about the effect of CULTURE on the establishment of RIGHTS. Finally, the third survey pays attention to the effect of CULTURE in executing RIGHTS and distances itself from basic and abstract issues. Thus, putting aside CULTURE renders RIGHTS useless and ineffective. The issue of Islamic punishment measures (ta'zirat) in jurisprudence and the role of the judge in recognizing expediency is the most important factor for demonstrating the effect of CULTURE on religious RIGHTS. This is because the best guarantee for the judge's assurance about TA'ZIRAT being put into practice is the society's cultural cooperation.

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APA: Copy

GHANE, AHMAD ALI, POORKIANI, MOHAMMAD, & FATHOLLAH BAYATI, MOHAMMAD REZA. (2016). THE EFFECT OF CULTURE ON RELIGIOUS RIGHTS ACCORDING TO LEGISLATIVE FACTS. RELIGION & COMMUNICATION, 23(1 (49)), 137-166. SID. https://sid.ir/paper/233341/en

Vancouver: Copy

GHANE AHMAD ALI, POORKIANI MOHAMMAD, FATHOLLAH BAYATI MOHAMMAD REZA. THE EFFECT OF CULTURE ON RELIGIOUS RIGHTS ACCORDING TO LEGISLATIVE FACTS. RELIGION & COMMUNICATION[Internet]. 2016;23(1 (49)):137-166. Available from: https://sid.ir/paper/233341/en

IEEE: Copy

AHMAD ALI GHANE, MOHAMMAD POORKIANI, and MOHAMMAD REZA FATHOLLAH BAYATI, “THE EFFECT OF CULTURE ON RELIGIOUS RIGHTS ACCORDING TO LEGISLATIVE FACTS,” RELIGION & COMMUNICATION, vol. 23, no. 1 (49), pp. 137–166, 2016, [Online]. Available: https://sid.ir/paper/233341/en

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