The Journal of Human Rights

"Human Rights" is the fruition of self-founded intellect of modern man as well as the result of his phenomenological view; however, the main sources of "Islam" (Qur'an and Sunnah) are ... Read More "Human Rights" is the fruition of self-founded intellect of modern man as well as the result of his phenomenological view; however, the main sources of "Islam" (Qur'an and Sunnah) are product of divine revelation and a noumentalistic view to the man. The first view has close affinity with realism and is a bottom to top view, but second one has relationship with idealism and is a top to bottom view, and eventually religion seeks to realize man's transcendent reality, but human rights is after providing basic facilities necessary for human life. Due to these fundamental differences in the principles and epistemic origins (reason or revelation), goals (training or guidance), processing methods (different languages) and perspectives (status quo or ideal status), one cannot speak easily of overlapping consensus between human rights and Islam. However, is it possible to neglect inconsistency and even independence regarding the relation between human rights and religion and think about "diologue" between them? The author has given a positive answer, based on self-founded intellect and the text of the Holy Qur'an to the above-mentioned question, and is to explain his aim of this dialogue. According to this view, in their confortation and diologue, human rights and religion both open new horizons as well as interweave these horizons. To this aim, the author has inevitably considered the concepts of rationality, piety, living and acting according to Qur'an, subjective interpretation of Qur'anic texts, humanity and the relationship between the truth and the rights related to guiding. The study concludes that belief in human rights prepares us to realize the ideals of the Qur'an; the observance of these principles makes our ears better in hearing the call of guidance and causes the realization of human reality promised in the Qur'an. Qur'anic guidance may create necessary enthusiasm to support human rights and to have respect for it.

Research Article

Peace, Justice and Democracy in the Multiethnic Societies: Consociational Democracy with Emphasis on Comparative study of Iraq and Bosnia

Sattar Azizi

Volume 09, Issue 2 , January 2015, Pages 23-48

Abstract

Restoration and maintaining peace, justice and democracy in the human societies is a matter that it`s achievement is too difficult due to economic and social gaps. It is obvious ... Read More

Research Article

The Evolution of Natural Law and Its Impact on Construction of Electoral Rights

Javad Taghizadeh; Rezvan Fadaee

Volume 09, Issue 2 , January 2015, Pages 49-70

Abstract

In spite of its being repetitive, the phrase "natural law" has been used with different meanings and notions. The new meaning of natural law has had important role in foundation of ... Read More

Research Article

The Relationship between Ethics and Human Rights in the Thought of Richard Rorty

Mohammad Taghi Ghezelsofla

Volume 09, Issue 2 , January 2015, Pages 71-90

Abstract

In general, two theories or school of thoughts had been prevailed in modern moral philosophies until recently. Ethical school of thought of "task-oriented", in which the emphasis is ... Read More

Research Article

Diplomatic Protection, a Human Rights and Islamic Reading

Seyed Mostafa Mirmohammadi

Volume 09, Issue 2 , January 2015, Pages 91-114

Abstract

For long Diplomatic Protection was considered the patrimonial rights of states, and some international cases such as “Mavrommatis” 1924, Barcena Ttraction 1970, Avena 2004 have ... Read More For long Diplomatic Protection was considered the patrimonial rights of states, and some international cases such as “Mavrommatis” 1924, Barcena Ttraction 1970, Avena 2004 have bolstered this view. Today, as a result of the development of human rights, it is assumed that the protection afforded to an injured individual by his government is based on the fact that whose human rights have been violated abroad by an internationally wrongful act of another State.The United Nations International Law Commission in its efforts since 1995, through the Draft Convention on diplomatic Protection, has been able to show that no longer may diplomatic protection be considered as the exclusive right of state. This indicates that human rights have developed to such extent that they have gone beyond the traditional boundaries of the three conditions for the exercise of this rights, i.e. nationality of Claims, exhaustion of local remedies, and clean hands. In Islamic Law, protection of injured person is a basic principle, without regard for the issue of whether protection of an individual is the exclusive right of his government. The alliance (Agreement) of “Helf al-Fodul” before and after Islam is an example of institutionalized protection of injured person in Islamic history.The present article, by focusing on the efforts of the ILC Draft Articles on Diplomatic protection with its human rights orientation as well as by reviewing the foundations and sources of Islamic jurisprudence, attempts to prove that the preconditions such as nationality and exhaustion of local remedies, to exercise diplomatic protection, are only effective to the extent that it is in accord with human dignity and as long as the individual is not made an instrument for the securing of the potential interests of states. In any event, the International Law Commission is the harbinger of a new legal work in the field of Diplomatic protection, (lex ferenda) and is not an indication of existing international commitment. (Hard law)

Research Article

Political Sociology of Human Rights

Mahdi Kazemi Zamharir

Volume 09, Issue 2 , January 2015, Pages 115-130

Abstract

The dominant approach in the field of human rights is Legal attitude. Legal attitude more than anything else on the identification and recognition of human rights by the government ... Read More

Research Article

Peaceful Human Coexistence in the Qur'an and the International Human Rights System

Mohammad Haassan Movahedi Savoji

Volume 09, Issue 2 , January 2015, Pages 131-158

Abstract

Peaceful coexistence of human beings is an approach that considers peaceful life of people and the recognition of their social rights regardless of the rightness of school of thoughts ... Read More

Research Article

Human Rights and the Search for an Overlapping Consensus: The Case of Islamic Political Morality

Hossein Houshmand

Volume 09, Issue 2 , January 2015, Pages 1-18

Abstract

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Research Article

De-Secularization in Europe and the Consequences for the Nexus Human Rights-Religion in the Middle East

Benoît CHALLAND

Volume 09, Issue 2 , January 2015, Pages 19-46

Abstract

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Research Article

Peace With Justice: The Grounds of Human Rights From a Faith-Based Perspective

Bas de Gaay Fortman

Volume 09, Issue 2 , January 2015, Pages 47-59

Abstract

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Volume 18 (2023-2024)

Volume 17 (2022-2023)

Volume 16 (2021-2022)

Volume 15 (2020-2021)

Volume 14 (2019-2020)

Volume 13 (2018-2019)

Volume 12 (2017-2018)

Volume 11 (2016-2017)

Volume 10 (2015-2016)

Volume 09 (2014-2015)

Volume 08 (2013-2014)

Volume 07 (2012-2013)

Volume 06 (2011-2012)

Volume 05 (2010-2011)

Volume 04 (2009-2010)

Volume 03 (2008-2009)

Volume 02 (2007-2008)

Volume 01 (2006-2007)

Volume & Issue: Volume 09, Issue 2 - Serial Number 18, January 2015, Pages 1-158 (Issue 18)

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