نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
Human rights, as inherent and inalienable human rights, have their roots in the theory of natural law and, more precisely, natural law, which goes back to ancient times (Heraclitus, Socrates, Plato, Aristotle), and in particular Stoic philosophers such as Cicero. The "natural rights" of classical and medieval times had metaphysical and divine origin. But in the 17th and 18th centuries, this theory was adopted by philosophers of natural law, such as Hobbes, Locke Rosso, Montesquieu, as well as by Grossius, and adopted the "social contract" theory. From this period onwards it is the "social contract" which is considered the basis of human rights, especially in the legal positivist paradigm. Human rights are based on the intellectual foundations of liberal worldview and the paradigm of modernity. This paradigm derives from the ideas of the great philosophers of the 16th and 18th centuries. The central concepts of the Universal Declaration of Human Rights, which are crystallized in the first article and serve as the theoretical foundations of this discourse, are: "reason", "dignity", "freedom", "equality" and "brotherhood". These concepts, as fundamental human rights concepts, have been analyzed in this article. The study of contemporary human rights from the perspective of Islamic thought poses some of its theoretical challenges. These challenges are particularly evident in the interpretation of the focal concepts of reason, freedom, equality, and dignity examined in this paper. Because Islam has its own analysis of the concepts of freedom, reason, dignity and equality, it calls for a secularist and liberalist approach to contemporary human rights. The human rights discourse, but despite its shortcomings, is the only dominant discourse in the modern and postmodern world that has enjoyed unparalleled international consensus since the second half of the twentieth century. The research method is analytical-descriptive and the article is collected by library method.