1
Assistant Professor of Medical Sciences at Tehran University, Tehran, Iran
2
Ph.D of Islamic Studies, Qom; and the editor-in-chief and producer of the ‘Fiqh puya’ (dynamic jurisprudence) program on Maarif Radio
10.22081/phlq.2023.73764
Abstract
This article explains the status of human dignity in jurisprudence and legal arguments. The purpose of this research is to examine the jurisprudential-legal status of dignity in the compilation of law. Thus, I have first discussed the relationship between dignity and law, and the status of human dignity in the process of deduction of jurisprudential rules using a descriptive-analytical method; and as an example, I have briefly discussed its application in the intentional termination of the life of human and fetus in the form of euthanasia and abortion. The result of this research is that Shi’a jurisprudence is text-oriented, not dignity-oriented, but God has observed human dignity and sanctity in the Divine decrees. Therefore, one can claim that when an issue is either a case of the “principle of bara’ah” or the “principle of dignity”, the evidences on human dignity ـ as a primary principle – is prior to the evidences of the bara’ah principle; although the principle of dignity is valid as long as there is no contrary ijtihadi reason. Considering the harmony of the Divine decrees and human sanctity and dignity, one can interpret the literal meaning of the evidences of this principle similar to the literal meaning of other religious texts; for example, according to the implication of these evidences, the affirmative steps of intentional termination of life regarding abortion and euthanasia are not permitted.
sotudeh, H., & Tousi, M. (2023). The Status of Dignity in Compiling the Law: An Investigation and Analysis with an Emphasis on Cases of Life Termination. Journal of Philosophy of Law, 1(Issue 2), 111-132. doi: 10.22081/phlq.2023.73764
MLA
hamid sotudeh; Mohammadjavad Tousi. "The Status of Dignity in Compiling the Law: An Investigation and Analysis with an Emphasis on Cases of Life Termination", Journal of Philosophy of Law, 1, Issue 2, 2023, 111-132. doi: 10.22081/phlq.2023.73764
HARVARD
sotudeh, H., Tousi, M. (2023). 'The Status of Dignity in Compiling the Law: An Investigation and Analysis with an Emphasis on Cases of Life Termination', Journal of Philosophy of Law, 1(Issue 2), pp. 111-132. doi: 10.22081/phlq.2023.73764
VANCOUVER
sotudeh, H., Tousi, M. The Status of Dignity in Compiling the Law: An Investigation and Analysis with an Emphasis on Cases of Life Termination. Journal of Philosophy of Law, 2023; 1(Issue 2): 111-132. doi: 10.22081/phlq.2023.73764
)