Introduction
Comparative study
Management scholars emphasize on "comparative management" due to the importance of comparative study. Some consider adaptive management to mean "intercultural management". Some consider comparative study as "comparative investigation"; While the main and constructive concepts of comparative study are the recognition of a phenomenon or point of view - which is the goal of comparative study - as well as understanding and "explaining conflicting positions and cases".
The existence of a point of commonality and similarity in one of the dimensions such as the problem, basis, approach, hypothesis, theory and epistemological base makes two points of view amenable to comparative study. It seems that for a comparative study, in addition to the definition of the main problem and sub-questions, it is necessary to limit the scope of the comparison, to investigate the maximum aspects and cases of distinction and similarity, to pass from cases of apparent similarity and difference to conflicting positions and the case of real events, and finally to explain the positions Payment dispute.
When the viewpoints of two thinkers or two intellectuals or two legal systems are matched, the differences and similarities between opinions, foundations, epistemic materials, historical background, hypothesis, language and method should be investigated.
One of the common mistakes in comparative studies is to stop at the stage of historical study. It is not the goal of comparative research to just list the differences and similarities of two things, but to stop at the historical study and the apparent similarity is deceptive, and maybe there is a real difference in the apparent similarity and there is a real similarity in the apparent difference.
Human rights is a trans-establishment concept. As members of the international community, Islamic countries have foundations, solutions, principles and rules that obligate citizens to follow divine orders. Some legal thinkers believe that the framework and scope of religious studies should be summarized in individual behaviors and objective and social affairs should be separated from theology and religion. Based on this, they say that human rights have certain fixed norms and principles that cannot be combined with the space of rights and obligations. Indeed, a religion that wants to answer human questions and meet individual and social needs, how can it combine its inviolable rules and norms with universal and universal legal principles and rules?
It is inevitable to refer to verses and hadiths along with intellectual documents to correctly explain religious and Islamic principles in research; Relying on international documents such as Article 38 of the Statute of the International Court of Justice and formal sources of international law also stand out.
Each proposition is based on a set of basic propositions and fundamental concepts. Reflecting on each of the conceptual and affirmative principles is a way to understand the theory more deeply, which is sometimes explicitly mentioned. Therefore, the classification of the current research is based on the principles of human rights, including rights, freedom, equality and justice, and sometimes the epistemological principles are not explicit and can be understood with methodical reflection. In this way, attention has been paid to the real sources of rights such as culture, customs, social norms and Islamic civilization along with other civilizations in the formation and development of the foundations of international human rights. What has been done in this research to compare the performance of Islamic and non-Islamic countries, especially European countries, in relation to the Convention on the Elimination of All Forms of Discrimination against Women, is to show this difference in real sources. On the other hand, a look at the issue of divine duties and the duty-oriented relationship between man and God with what is mentioned as right versus obligation has been done to pay attention to this matter.
The Islamic legal system, relying on authentic and reliable sources, seeks to explain the religious positions of the studied phenomena in detail, therefore, it tries to explore everything related to the field of "human rights" by relying on rational and narrative evidence.
On the other hand, according to the formal sources mentioned in Article 38 of the Statute of the International Court of Justice, the international law system tries to properly regulate the legal relations of the members of the International Court of Justice.
The international community will deal with legal phenomena. The field of fundamental human rights - which is the basis of the current research project and a clear example of the application of the Islamic legal system and other legal systems - is a solid bridge for the connection of interdisciplinary studies of Islamic sciences and international law. Therefore, the author has tried to focus on the sources in the field of human rights studies from the Islamic and international point of view, relying on the methodical use of specific sources of both legal systems, in a reasoned and analytical manner in several chapters.
The main research question
Are the principles of human rights in Islam compatible with the principles of international human rights?
Sub questions
1. Do fundamental concepts such as right, equality, justice and freedom have the same meanings in the field of religious studies and the international system?
2. Is religious thought able to meet the needs of the international system today?
3. What is the role of time and place and attention to international requirements in issuing Sharia rulings and Shia ijtihad?
From a religious and Islamic point of view, the preachers of human rights talk about recognizing and guaranteeing rights that are not necessarily found in the formal sources of human rights. In the realm of religious studies, some experts have looked at the God-centered and human-centered foundations of human rights from a theological point of view. On the other hand, some others, from a legal point of view, have paid attention to establishing the international foundations of human rights in the sources of the Islamic legal system. The existence of the difference between the views in this area clearly clarifies the necessity of the current research; To the extent that we found the necessity of "comparative study of the foundations of human rights in Islam and international law" worthy of writing a work at the doctoral level.
The writer, while recognizing the importance of the subject, decided to address this issue with a lot of research. The breadth of issues and diversity of issues related to human rights was such that we faced this question: "How can this vast sea be compared with religious foundations?"
For this reason, we tried a lot to pay attention to religious theory and what is discussed in religious thought from the Islamic point of view, not what Islamic countries necessarily do. On the other hand, among the thoughts of experts and different Islamic schools of thought, our effort in this research has been to explain the Shiite thought and rely on the Arbaah books and the opinion of the famous Imami jurists.
Therefore, in the four chapters, we studied individual rights and public freedoms, equality and justice from the perspective of Islam and the contemporary international system.
In this research, a descriptive-analytical study method has been used.
Finally, I feel it necessary to express my appreciation and thanks to the respected professors of the Faculty of Law of Hazrat Ayatollah, Dr. Seyed Mostafa Mohaghig Damad, Dr. Reza Eslami, and Dr. Hamid Reza Nikbakht, whose assistance I have used in compiling this work, as well as Dr. Seyed Abbas. I would like to express my appreciation and thanks to Hosseini Nik, the respected director of Majd Legal Publications