Assistant Professor, Shahid Beheshti University (m_bayat@sbu.ac.ir) Associate professor, College of Farabi, University of Tehran, Corresponding Author (mahdibalavi@ut.ac.ir)
Abstract
The right is the most challenging concept discussed in the area of ethics, law, and politics in the modern thought. It is so important that the theoretical discussions around fundamental values like freedom, equality, and justice always resort to the language of right. However, applying the concept of right, due to its being controversial, inevitably entails encountering different and sometimes controversial thoughts and ideas that has provided a great opportunity for conflict of thoughts and theoretical oppositions. This is somehow a challenging concept and as soon as any discussion starts about it, a multidimensional argument begins about its concept, meaning, justifying principles, owners of the right, and the limits of exercising right.
Accordingly, the present article, using a descriptive-analytical and prescriptive approach, aims at elaborating the meaning of right, while considering different verses of the Holy Quran. It also aims to explain, on the same basis, the necessity of distinguishing between the two concepts of being right and having the right. In addition, the article tries to speak of two rules of self-legislation and human dignity as the justifying principles of human rights claims and to seek the above-mentioned principles in the verses of the Holy Book. Finally, it reviews in details the limits of exercising right and the theoretical approaches to the ratio among the right, public interest, and general ethics. It also reviews several verses of the Holy Quran on this issue in order to make clear that the fundamentality of right is not attached to its “absoluteness.”
Bayat Comitaki،Balavi,M. ،. M. (2019). Review of the Concept, Principles, and the Limits of Right in the Holy Quran. Quran, Islamic Jurisprudence and Law, 11(11), 113-136.
MLA
Bayat Comitaki،Balavi,M. ،. M. . "Review of the Concept, Principles, and the Limits of Right in the Holy Quran", Quran, Islamic Jurisprudence and Law, 11, 11, 2019, 113-136.
HARVARD
Bayat Comitaki،Balavi M. ،. M. (2019). 'Review of the Concept, Principles, and the Limits of Right in the Holy Quran', Quran, Islamic Jurisprudence and Law, 11(11), pp. 113-136.
CHICAGO
M. ،. M. Bayat Comitaki،Balavi, "Review of the Concept, Principles, and the Limits of Right in the Holy Quran," Quran, Islamic Jurisprudence and Law, 11 11 (2019): 113-136,
VANCOUVER
Bayat Comitaki،Balavi M. ،. M. Review of the Concept, Principles, and the Limits of Right in the Holy Quran. Quran, Islamic Jurisprudence and Law, 2019; 11(11): 113-136.