The Role of Fiqh Al-Maqasid in Religious Perspectives in Solving Human Rights Challenges in Islamic Communities

Author:
Mohammad Asadi
Level:
Ph.D
Subject(s):
Fiqh religions
Language:
Farsi
Faculty:
Faculty of Islamic Denominations
Year:
2019
Publisher:
URD Press
Supervisor(s):
Reza Esfandiari (Eslami)
Advisor(s):
Hossein Rajabi, Hossein Solaimani

In spite of that Islam as the last and most complete religion of the dynasty of Abrahamic religions, he declared man the owner of Dignity and the successor of God in the Earth And give him the inherent and acquired rights. But now, Islamic societies, for various reasons, are accused of violating human rights, mainly in the fields of equality of human beings, some fundamental freedoms, such as freedom of change of opinion and religion, and cases of Islamic punishments, including hudud, Qesas, and those with the Universal Declaration of Human Rights are inconsistent. On the other hand, the scholars of Islamic religions, have disagreements against the adoption or rejection of contemporary human rights. Some of its acceptance is absolutely negated and some absolutely accept and some have taken the same way to the middle. The author believes that by considering the general spirit and the legal teachings of the sharia and by using a dynamic method based on Fiqh al-Maqasid, which is based on human rights in the set of Sharia goals and Relying on human dignity, which is also the main goal of Islamic sharia and the basis of all defined rights of the contemporary human rights system And in particular, the point of subscription is a new Maqasidi approach and contemporary human rights, the Fiqh al-Maqasid of Islam, in a positive interaction with the contemporary human rights system, can rule out many of the challenges of critics in spite of a serious critiques to the contemporary human rights system, and to adapt to the adaptation of contemporary human rights, Fiqh and sharia.