Reflection of the Idea of Man as the Ultimate Beneficiary of the ‎Shariah&#039;s Laws‏ ‏in the Principle of the Precedence of the Rights of ‎People over the Rights of God

Nobahar, Rahim; ٍEdalati, Saideh

doi:10.22096/hr.2026.2068509.1766

Reflection of the Idea of Man as the Ultimate Beneficiary of the ‎Shariah's Laws‏ ‏in the Principle of the Precedence of the Rights of ‎People over the Rights of God

Articles in Press

Document Type : Review Article

Authors

Rahim Nobahar ¹

Saideh ٍEdalati ²

¹ Associate Professor, Department of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

² PhD in Islamic Jurisprudence and Criminal Law, Shahid Motahari University, Tehran, Iran.

10.22096/hr.2026.2068509.1766

Abstract

According to the standards of the Principles of Islamic Jurisprudence (Usul al-fiqh), in case of conflict between ruling concerning the Rights of the people and ruling related to God’s right, priority should be given to what is more important. Using a descriptive-analytical method, the present study has examined the foundations and textual-theological evidence of the precedence of people’s rights over God’s rights. According to the findings of the article, since the provision of good to humans is the goal of divine action and in the laws of Sharia, priority is given to respecting human interests, one must constantly adhere to the priority of human rights over God's rights. Decree of the reason (hokm al-aql), religious texts, ‎and a number of fundamental Islamic jurisprudential rules such as: "tolerance in divine ‎laws", "no harm", "beyond reasonable doubt rule", "precaution in blood and souls ‎of man", and "the precedence of more preferable in the case of two obligatory ‎duties" bear witness to and support this view that in case of conflict, one must act ‎in such a way that the rights of the people are not defeated and oppressed by what is known as God’s right (Hagh al-Allah). Accepting the primacy of rights of ‎people over God's rights as a rule can improve the position of human rights in the Islamic perspective.

Keywords

Conflict of Rights

Precedence of more important over important, Precedence of People’s Rights Over God’s Rights, Human Rights

Subjects