Implementation of the Limits and Fundamental Human Rights (Dignity, Freedom, and Life)

قيمت مقاله الكترونيكي: 
3000تومان

@ Mohsen Honarjo / Master of Criminal Law and Criminology IKI                   m.honarjoo313@gmail.com

Mohammad Reza Bagherzadeh / Assistant Professor Law Department IKI bagherzadehfirst@yahoo.com

Received: 2021/01/17 - Accepted: 2021/05/29

Abstract

The most important factors of difference in criminalizing behaviors, punishments, and the manner of their implementation are differences in the type of attitude of Islam and material schools towards human beings, law, right to life, freedom, and fundamental human rights. Some have argued for Islamic punishments in light of the ideological foundations of humanism and Western human rights, and some see them as denying fundamental human rights. The contradiction that seems to exist between them and certain punishments is eliminated, by carefully examining the semantics of each of the fundamental human rights and considering their origin, this study uses a descriptive-analytical method to explain the rights of "life, dignity, and freedom" from a legal and jurisprudential point of view and indicates that these punishments have been imposed in order to preserve and realize these natural human rights and should be implemented. Therefore, many of these suspicions are due to the lack of accurate understanding of arguments, causes, and conditions of limited punishments and it becomes clear on reflection and accuracy in their philosophy such punishments are in no way inconsistent with human rights, and the difference in this regard is due to differences in worldviews and anthropological attitudes.

Keywords: limits, right for life, corporal punishment, human dignity, right for freedom.

سال انتشار: 
1400
شماره مجله: 
283
شماره صفحه: 
37
صفحه شروع مقاله: 
37
صفحه پایان مقاله: 
48