scholarly journals Study of Ethics and Human Rights in Western Schools and Discourse of Political Islam

2017 ◽  
Vol 9 (1) ◽  
pp. 130
Author(s):  
Mahya Rafiee Bandari

According to the invariance of many provisions of Islamic teachings on the one hand and existence of interest on the other hand, political Islam by interpreting repeated primary and secondary rules meaning tries to strengthen Islamic state.Therefore, moral meaning and discourse of human rights concepts such as freedom, equality, justice and ... is different from many traditional and political jurists and implications in the moral bases at west (Kant’s own good school and school of profitability) and Western human rights. Accordingly, in this paper, we try that according to the views of Imam Khomeini as the founder of political Islam in Iranand Ayatollah Mesbah Yazdi as one of the most important theorists of this discourse that have different ideas about ethics and discourse concepts of human rights and explain the position of political Islam with regard to the domestic interests in the west moral education with an emphasis on Kant’s own good and utility schools and moral concepts of human rights.Now the question in study is that according to the ethics discourse of human rights concepts and some basic precepts of Islamic teachings, whether political Islam and more has functionality the consistency with Kant’s ethics or due to the use of evidence deemed, is consistent with profitability school or not or finally by rejecting the aforementioned schools, offers a third way? And according to his moral system in contrast to the concepts of human rights discourse, provides what position?

Author(s):  
Alessandro Ferrari

SOMMAIRE: 1. Introduction: paradigmes de relations et droit à la liberté religieuse, de l’identité à la tension - 2. Des paradigmes des relations État-Églises au droit à la liberté religieuse - 3. La force attractive des paradigmes dans le scénario européen contemporain - 4. Les paradigmes des relations État-Églises dans la nouvelle arène internationale - 5. Conclusion: une citoyenneté inachevée. The “European Right” to Religious Freedom and Paradigms of State-Religion Relations in Contemporary Europe: a thorny cacophony ABSTRACT: The article examines the dialectic between European national models of religious freedom and the paradigm of religious freedom shaped in the international order and in particular by the human rights discourse. The analysis of the relationship between the modern - national-centered - and the contemporary - individual-centered - paradigm of religious freedom reveals, on the one hand, the difficult but inevitable osmosis between legal systems in a multilevel system of rights protection and, on the other hand, the deep transformation of religious freedom in contemporary Europe.


2009 ◽  
Vol 22 (1) ◽  
pp. 177-190
Author(s):  
FRANS VILJOEN

In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both works are concerned with the national arena (local activist forces and national human rights institutions respectively), the one investigates the domestic impact of international law and institutions, while the other explores the increased international impact of a particular domestic institution.


2021 ◽  
Vol 4 (16) ◽  
pp. 47-56
Author(s):  
Ros Anita Karini Mohamed ◽  
Abdul Halim Ali

This paper will highlight the creative work ‘Ka-mana Terbangnya Si Burong Senja’ by A. Samad Said which features the issue of moral collapse. The short story of the study is seen as a human rights discourse that can provide awareness to society regarding human rights in the formation of social and cultural dynamics through the display of character and characterization of a fully significant immoral society. The work of A. Samad Said needs to be appreciated in terms of its inner meaning. The Taklif framework will be used to discuss the findings of the study because, in the Islamic view, in principle, the universe belongs to the One True God. By using a text analysis approach, the study will turn inward and bring the reader to be more open-minded in reading the author's message from the lens of Islam, which is back to the creator in the process of personality formation.


Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


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