Document Type : Research Article


Associate Professor of International Law, Department of Law, Mofid University


Any human rights bereft of philosophical and anthropological foundations are susceptible to weakness and vulnerability. The question as to how from a logical point of view we arrive at the conclusion that the fact of being a human accords us with rights is one that has been provided with several answers.
Belief in the natural rights is justification for some prominent proponents. However, in spite of serious challenges facing the proponents of natural rights, it is possible to consider them as one of the foundations of human rights and, in turn, view certain human rights as a modern interpretation of natural rights.
In this article, we do not advance the claim that the relationship between human and natural rights is one of identity. The notion of human rights is distinct from natural rights. None the less, it is possible to detect a close relationship between the modern human rights and the ancient theory of natural rights whose traces may be recognized in Islamic law, so much so that belief in natural rights may be said to constitute the foundation and justification for many explicit rights in international human rights documents.
The author tries to demonstrate that seeds of human rights have been scattered in the rich soil of the theory of natural rights, being effective in flourishing human rights; therefore, not be separated from its roots, not needless to it.


Main Subjects

  1. (2006). “Theoretical Foundations of Human Rights”, Qom: Center for Human rights Studies, Mofid University. [In Persian]
  2. Aquinas; the Various Types of Law, Summa Theological, Translated by J.G.Dawsoned, Quoted in: Dennis Lioyd (1965). Introduction to Jurisprudence, With Collected Texts, London: Stevens and Sons.
  3. Barker, J (2000). International Law and International Relations, London: Continum.
  4. Casesse, Antonio (1990). Remarks on Scelle's Theory of Role Spilliting, E.J.I.L.
  5. Esfahani, Mohammad Hossein, Nehayat Alderayeh Fi Shareh Alkefayeh, Lithography. [In Arabic]
  6.  Friedman (1960). Legal Theory, London.
  7. Friedmann, W (1964). The Changing Structure of International Law, London: London Stevens.
  8. Jafari Langarodi, Mohammad Jafar (1960). Tarikh Motazeleh- Philosophy of Islamic Culture, Tehran: Ganje Danesh Library. [In Persian]
  9. Katozian, Naser (1999). Philosophy of Law, Tehran: sherkat Sahami Enteshar. [In Persian]
  10. Lioyd, Dennis (1965). Introduction to Jurisprudence, With Collected Texts, London: Stevens and Sons.
  11. Mirzayeh Qomi, Ghavanin Al-Osoul, Second Edition, Abdol Rahim print. [In Arabic]
  12. Mohaghegh Damad, Seyed Mostafa (2006). “Continuity and Universality of Human Rights Principles”, in: Human Rights Theoretical Foundations, Qom: Center for Human rights Studies, Mofid University. [In Persian]
  13. Motahari, Morteza (1980). Twenty Speeches, Qom: Sadra. [In Persian]
  14. Motahari, Morteza (2003). Women's rights system in Islam, Qom: Sadra. [In Persian]
  15. Movahed, Mohammad Ali (2003). About Rights and Justice, Qom: Nashreh Karnameh. [In Persian]
  16. Reza Davari Ardekani, Reza (2006). “Considerations about human rights and their relation to religion and history”, in: Foundations of Human Rights, Qom: Center for Human Rights Studies. [In Persian]
  17. Simma, Bruno. “The Contribution of Alfred Verdross to the Theory of International Law”, EJIL, No.6.
  18. Tosi, Khaje Nasir (1851). Naseri Ethics, Mumbai Edition. [In Arabic]
  19. Zabo (1982). “Historical Foundations of Human Rights and Subsequent Developments”, in: vasak, K(ed). the International Dimensions of Human Rights, Vol.1.
  1. Brierly, James (1963). The Law of Nations, Oxford: Clarendon press.
  1. Gould, Harry D (1999). Toward a Kantian International Law, International Legal Theory, Vol.5, No.2.
  2. Hart, H.L.A (1961). The Concept of Law, Oxford: Clarendon press.
  3. Henkin, L (1981). Interoduction, In: Henkin (ed): The international bill of rights.
  1. Mosler, H (1974).  “The International Society as a Legal Community”, Recueil des Cours, Collected of the Hague Academy of International Law, vol. 140.
  1. Nardin, Terry (1999). The Rule of Law in International Relations, Vol.1.
  1. Weeramantry, E.G (1997). Justice without Frontiers؛ Furthering Human Rights, Vol.1.