Editorial There are times in the history of mankind that are historically significant and have been registered as either regretful and sad or uplifting and joyful, and future generations have consequently looked upon them and discussed them in those same terms. Undoubtedly, December 10th of the year 1948 when the Charter of Human Rights was ratified by the United Nations was among one of those historically significant junctures of human history for all peoples especially the western nations; a day that shows man as having reached the pinnacle of intellectual maturity and evaluative reason; the same man who had in his portfolio of recent experiences two world wars, inhuman and intolerant stance towards the weaker nations, and violent reactions towards the colored; he who had dealt with criminals and the accused with prejudice. This turn of attitude and standing was seen in statements as “All men are born free and are equal in right and dignity; they have all been endowed with conscience and intellect and must act in a brotherly manner towards each other,” Or that, “anyone irrespective of race, color, sex, language, religion, political belief or otherwise, social or national origin, wealth, birth or any other positions shall partake of their rights and freedoms as stated in the said declaration” and where stress has been made on the concepts of, human dignity, freedom, equal rights, prohibition of torture and …” , and these were surely God’s blessings that were bestowed upon man on that day due to his intellectual maturity, and were improved upon at later stages. Mankind’s today and future generations alike must stay committed to those values and strive at enhancing them. But is it in fact the case that ideas such as human dignity, the rights of man, freedom, equality of rights, and negation of discrimination, in all attention to the natural rights of man without sensitivity to various differences as stated by the Charter of Human Rights had not existed before or had never been the subject of man's concern? Is it indeed the case that the ratification of those statements by the delegates of the United Nations general assembly was being looked at as such for the first time? Surely, the answer to this question cannot be a positive one. As far as history remembers, the oldest and most complete rules concerning human relations within a society are those dating from 2123 to 2080 B.C., a collection passed to us by Hamurabi the king of Babel and known as the Hamurabi Charter (although some know this as the rewritten form of the famous commandments of Moses (PBUH) in Babylonian language). Subsequent to that, there is the famous charter made by the King of Persia known as “the Charter of Cyrus the Great” dating from the 5th century B.C. based on which freedom of belief and worship has been proclaimed for all people of Babylon. Almost in the same period as the Charter of Cyrus, in Rome, there was a compilation of the Twelve Plaques dealing with laws concerning political, judicial, civil and some other areas , and in ancient Greece, the ideas of such great scholars as Socrates (464-399 B.C.), Plato (427-347 B.C.), and Aristotle (384-322 B.C.) all concerned certain aspects of human rights. But after this period and in line with political, economic, and cultural changes which had come about in the world arena, new ideas and theories concerning law and its fundaments and forms were being expressed. The Stoic School in 301 B.C. believed in and defended freedom and equality for all human societies. They believed that: rights as such are subsistent on the nature of things and substances and not ascribed by the structuring and formulating mind. The work of the mind is to discover laws of nature. 1. Individual interests should be subordinate to the interests of the world community and not the interests of a national government. (collectivism ) 2. People are naturally a member of this world community. The laws of this community are natural and must be obeyed, and social life is a necessity. (Internationalism ) 3. All people are brothers and equal in their rights and are generally citizens of the world nation, irrespective of their wealth, status, race, or culture. 4. The laws of this nation must therefore be drawn according to the laws concerning human society and in alignment with the laws of nature. 5. The world society is the only ultimate ideal. 6. Racism is a false and mistaken concept and idea. 7. Human dignity and individual human rights, without attention to wealth, status, race, and culture, must be respected. 8. Piety consists of the highest human good and every tribe or class can be pious. The philosophical and legal views of the Stoics not only influenced Roman and Greek thought deeply in the era before Christ, but it also affected the thoughts and ideas of scholars, philosophers, and rulers for centuries after that. Cicero (63-106 B.C.) with his novel and innovative views, The Emperor Justinian with a collection of all Roman laws in three volumes (528 A.C.) , and “John” (1167-1216 A.C.) the King of England with the collection and correction of the Great Charter of England (1215 A.C.) , all took serious steps in capturing attention to the subject of human rights and dignity. On the 4th of July 1776, the Boston General Assembly representing 13 other revolting states rose up against their British colonizers and won by majority vote ratifying a declaration titled “the Declaration of Independence,” the main points of which are stated below: 1. Freedom of speech, press, religion and beliefs 2. Equal rights and services for all people 3. The right to life and property 4. The right to take collective action for safeguarding public interest. After the American “Bill of Rights” and the victory of the Great French Revolution, in 1781, the French National Constituent Assembly drew up and published a draft entitled “The Declaration of Human Rights. This declaration which also comes at the beginning of the French constitution consists of an introduction and 17 articles. These perspectives existed within the world arena and in particular for America and Europe until the end of the Second World War and the formation of the United Nations Organization in 1945. According to article 68 of the United Nations Charter, the Social and Economic Council of the United Nations was given the responsibility of forming a council for the promotion of human rights. Thus, in 1946, the first Council of Human Rights was set up, and in 1948, its first achievement entitled “The Universal Declaration of Human Rights” was presented to the third round sitting of the General Assembly, and after discussion and investigation, it was ratified on the 10th of December 1948. Amidst all this, Moslems, who form a considerable number of the world population, know Islam as the forerunner in safeguarding the rights of man. They believe this while Islam appeared on the scene 615 years after the coming of Christ and when 150 years had already been spent in what is known as the Middle Ages in Europe, a period in which mankind and humanity was in a depressive decline and simply forgotten, and a time in which human dignity, freedom, and natural rights of men were not spoken of. In that same milieu, in the Arabic peninsula, the Prophet of Islam (S) introduced such values and ethical and religious codes of conduct as “human dignity”, “man entitled to rights”, “human freedom”, “equality of all men before the law” and “the negation of discrimination” etc., some parts of which were taken up by the United Nations General Assembly centuries later. Based on these same grounds, Moslems have founded various national organizations and foundations both regional and international the most important of which is the Organization of Islamic Conference (OIC) with 57 members. This organization has, to date, given out three declarations and plans on Islamic Human Rights. The following will show a list of their titles and points out the most important parameters of their last rulings on the subject namely “The Cairo Declaration on Human Rights in Islam” while stating its advantages and distinctions in comparison to “the Universal Declaration of Human Rights” and other declarations prepared and published by the relevant organizations of the United Nations Organization. 1. The setting out of the declaration on the basic rights and duties of man in Islam, ratified in 1979 in Mecca; 2. A document on human rights in Islam ratified in Ta’if in 1981; 3. The Cairo Declaration on Human Rights in Islam ratified in 1990. Definitely, the Cairo Declaration shows the distinctive advantages of the Islamic world view regarding the rights of man in comparison to other world views. Paragraph (b) of Article 11 of this Declaration deals with resistance against colonialism and the right of standing up against its aggression. This paragraph stresses that “Colonialism of all types being one of the most evil forms of enslavement is totally prohibited. Peoples suffering from colonialism have the full right to freedom and self-determination. It is the duty of all States peoples to support the struggle of colonized peoples for the liquidation of all forms of and occupation, and all States and peoples have the right to preserve their independent identity and control over their wealth and natural resources.” Paragraph (a) of Article 17 and paragraph (a) of Article 18 point to the creation of a religious and spiritual environment. Paragraph (b) of Article 17 states that “Everyone shall have the right to live in a clean environment, away from vice and moral corruption, that would favor a healthy ethical development of his person and it is incumbent upon the State and society in general to afford that right.” Paragraph (b) of Article reads “Everyone shall have the right to live in security for himself, his religion, his dependents, his honor, and his property.” The distinctive difference between the Islamic Declaration of Human Rights from other similar documents such as the Universal Declaration of Human Rights is that each of its rulings on the rights of man are rooted in Islamic religious law and the stress is on the non-contradiction of Islamic religious jurisprudence with those rights which is of course a necessary and relevant point of importance, but it does not necessarily mean that all of Islam's world view is expressed by these rulings and rights . In fact, this declaration and other similar documents can only at best show what the bottom basic rights of man and his relationship with others and living environment are, while the Holy Quran, the Holy Prophet’s tradition, the heritage of His Pure Descendants, and Imam Sajjad (A)’s Treatise of Rights on human rights and the rights of social groups have all presented a highly elevated view of man as the inheritor and the representative of divine will on earth, a stance which shows the deep and lifted view that is taken in Islam and goes beyond the basic rights declared for man by himself. For all intents and purposes, the great spiritual heritage of the Prophet of Islam is easily accessible to all men to judge the value of that which He has brought to man as the best way for reaching the greater good of human society and man’s beatitude, compared to that which has been outlined by man himself; a judgment that will be up to all men of wisdom and knowledge.

Abstract The inherent dignity of man is the foundation of human rights and human rights instruments have emphasized that all human rights are derived from the inherent dignity of the human person. Although many human rights scholars may assume it as an indisputable concept, it has always been a matter of dispute among competing schools of philosophy of law. Similarly, some Muslim scholars argue that the concept of inherent dignity of man is one of the essential teachings of Islam, while there are others who deny the inherent dignity of man. This controversy among Muslim scholars has been infiltrated into the Islamic human rights instruments. This paper seeks to examine the disputed dimensions of the concept of inherent dignity of man in human rights discourse and Islamic literature. The first part of the paper deals with the concept of inherent dignity in international and regional human rights instruments. In the second part of the paper, I shall discuss the concept of human dignity in the Islamic declarations on human rights. And the third part shall focus on the concept of dignity in the light of the Holy Quran and other sources of Islamic jurisprudence. Finally, the paper concludes that a study of the theoretical foundations of human dignity in the Islamic thought will unequivocally contribute to the promotion of human rights norms and the advancement of universal standards of human rights in the Muslim world.

Abstract Human Rights are shared ideals among all world nations such that there cannot be found an era in the history of man, even during the periods of slavery and barbarism, in which the issue of the rights of man has not been a concern. It is, therefore, immediately evident that human rights should be considered man’s real and all-embracing demand throughout history. Hence, human rights activities have always been welcomed by nations, and human rights violators of all times have pursued their inhuman targets and desires disguised as the establishment of human rights and have always tried to impose their ill intentions and enmity against humanity hidden, wrapped in acts of philanthropy. This is itself telling as to the depth of the penetration of the Principle of Human Rights into various social strata, which is undeniably evident even for those who would choose to disagree and are still in denial. Thus, passing the Universal Declaration of Human Rights on December 10, 1948, all member states of the United Nations Organization showed great respect and admiration for it. This declaration counts as the most significant legal instrument in the world and, by extension, its unparalleled principles have served as a model in the drawing up of treaties, declarations, conventions, and international and national laws, influencing nations in regulating their constitutional and ordinary laws. This paper does not aim to recount the undisputed principles which have so far been sufficiently discussed and covered by other researchers worldwide. Rather, the topic put forward for discussion here is the role that the law and obedience to it play in guaranteeing the rights of man through the principles “nulla crimen sine lege” (there is no crime except in accordance with the law) and “nulla poena sine lege” (there is no punishment except in accordance with the law). In doing so, the concept of law, human rights, and the prerequisites to law enforcement will all be discussed.

Abstract Islam has a humane approach to the opposite sexes and sex differences and the exaltation of both men and women alike has always been foremost in Islamic teachings. In order to prepare the ground for humankind to reach their perfection, the Divine legislator has regulated appropriate laws and rules based on the physiological differences between men and women. The religion of Islam guarantees social justice, equality of rights for both sexes with a humane approach to men and women, abstaining from individualism, and not overlooking the fundamental differences in physical and spiritual structure between the two sexes. Islam bases the primary principle in women’s activities in the economic, political, and social arenas on the principle of freedom the scope of which is determined by religious commandments and rulings along with a careful consideration of criteria such as the flourishing of the female personality and character, not overlooking the rights of family members, the strength of family foundations which can lead to a healthy society, and upholding the importance of chastity, and family honor. The reason for the existing differences in religious commandments must be found in their underlying philosophical wisdom and the practicality and effectiveness of religious rule deduction. This paper, through an intra-religious analysis and a jurisprudential approach, examines Islam’s view of women, and concludes that the differences in the rights of men and women do not tell of gender discrimination but rather provide an effective way through which social justice can be achieved.

Abstract This paper tries to briefly present an account of the attempts made in the past decades and even centuries to explicate and institutionalize human rights both in the international arena and in Islamic societies. It also seeks to provide the bedrock upon which the learned readers may base a comparative study of human rights in both arenas. Also, along the same lines, a glance at the pivots around which some documents revolve, a comparative analysis of such documents, and a presentation of the documents passed by the United Nations and Islamic societies are provided by this paper in order for ease of the readers’ access.