{"title":"Contemporary Traditionalists and Reformists Iranian Jurists and the Subject of Human Rights","authors":"M. Goudarzi, A. Najafinejad","doi":"10.1515/MWJHR-2017-0023","DOIUrl":null,"url":null,"abstract":"Abstract The inability of traditional Shi’a jurisprudents to respond to the challenges in the field of human rights and the rights of religious minorities, which is rooted in the denial of human dignity and the emphasis on religious dignity, has led to the emergence of a new discourse among contemporary Shi’a jurisprudents in Iran in recent years. This group of jurists known as reformist jurists seeks to re-evaluate the jurisprudential laws, re-interpret the Shari’a and find a way out of the religion to reduce the existing conflict with the universal human rights standards. The opinions of this group of jurists, albeit criticized by the traditional scholars, have been welcomed by young clerics. To understand the main aspects of this jurisprudential dispute, two main questions have been considered by the researchers: What are the main principles of human rights in the thoughts of traditionalist and reformist jurists in Iran? And how differently have the reformist jurists conceptualized the subject of human rights? To answer these questions, the impact of traditional jurisprudents on the formulation of the current constitution of Iran is studied and the main differences between the views of traditional and modern jurists are evaluated.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2017-0023","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Muslim World Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/MWJHR-2017-0023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 2
Abstract
Abstract The inability of traditional Shi’a jurisprudents to respond to the challenges in the field of human rights and the rights of religious minorities, which is rooted in the denial of human dignity and the emphasis on religious dignity, has led to the emergence of a new discourse among contemporary Shi’a jurisprudents in Iran in recent years. This group of jurists known as reformist jurists seeks to re-evaluate the jurisprudential laws, re-interpret the Shari’a and find a way out of the religion to reduce the existing conflict with the universal human rights standards. The opinions of this group of jurists, albeit criticized by the traditional scholars, have been welcomed by young clerics. To understand the main aspects of this jurisprudential dispute, two main questions have been considered by the researchers: What are the main principles of human rights in the thoughts of traditionalist and reformist jurists in Iran? And how differently have the reformist jurists conceptualized the subject of human rights? To answer these questions, the impact of traditional jurisprudents on the formulation of the current constitution of Iran is studied and the main differences between the views of traditional and modern jurists are evaluated.
期刊介绍:
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.