AbstractThis article discusses the book "Religious Government and Human Rights" (Hukūmat-i dīn-i wa huqūq-i insān) by the Shiite Grand Ayatullāh Husayn 'Alī Muntazirī (1922-2009). In this work, he explicitly tackles central issues of religious government and discusses its incongruity with human rights. He advocates the recognition of human rights along general lines, and positions himself firmly against absolutist Islamic rule, thereby undermining the concept of religious authority currently prevalent in the Islamic Republic. Muntazirī justifies these moves by applying the traditional method of jurisprudence (usūl al-fiqh), calls for re-arranging the system of how sections of the law are structured and even for the possibility of adding entirely new articles. Iğtihād for him is the renewal of jurisprudence in accordance with the Zeitgeist, with changing social conditions and with scientific discoveries. Jurisprudence, in contrast to revelation, is the work of man and can therefore be questioned and adapted in the light of the principles of reason ('aql). Muntazirī calls for a fresh review of jurisprudence based on the liberal human rights of our time. He also stresses the permanent and universal character of these natural and fundamental rights, which apply in all situations and under all conditions despite cultural and religious differences. For Muntazirī, these fundamental rights are deduced from the very essence of man's existence (insāniyat-i insān), which constitutes their only legitimate source. The roots for Muntazirī's oppositional and critical stance towards the Islamic Republic and its despotic system of rule lie first and foremost in his negative personal experiences with the system. Gradually, these gave way to a critical and more liberal concept of religion and political authority in his thought.
Human rights, international human rights, and sovereign political authority: a draft model for understanding contemporary human rights
