在伊斯兰世界的法律途径中对“尊严”的法律范畴的认识

M. Marchenko
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引用次数: 0

摘要

尊重人的尊严的权利是任何发达国家及其法律制度的基本方面,人的尊严通常处于最中心的地位。但是,考虑到习惯法的某些规定及其起源、形成法律条例的某些文化或宗教方面、具体的法院判决和先例,公平地说,不同法律制度内对尊严的看法各有不同。在上述背景下,伊斯兰世界的国家也不例外,因为通过穆斯林法律经验的棱镜对尊严作为一个法律范畴的研究不能与宗教分开。这是因为穆斯林作为伊斯兰教的追随者,主要基于古老的宗教习俗、传统、信仰等,对世界有自己独特的看法。例如,与罗马-日耳曼的方法相比,伊斯兰的人权概念并不强调权利和自由的自然起源,因为它的基础是基于其他来源和其他价值,而这些基本上构成了伊斯兰世界秩序的内容。根据一些研究人员的说法,伊斯兰法律概念是基于以下原则:尊严和兄弟情谊;伊斯兰社会所有成员一律平等,不以种族、肤色或社会地位划分;尊重个人的荣誉、名誉和家庭;无罪推定和人身自由。通过伊斯兰宗教和法律原则的棱镜来研究尊严作为一个法律范畴,人们不得不强调这样一个事实,即这样一个法律家庭的特点之一是认识到权利和自由是安拉的礼物,权利和自由基于某种神圣的意义,构成了全能者的意志。这就是为什么在穆斯林世界的观念中,尊严被认为是神圣的东西,因为在伊斯兰教中,人权的力量不是来自国家的意志,也不是来自政府机器或人性的代表,而是来自造物主的意志。鉴于尊严的神圣内容在穆斯林法律中是一个多方面的范畴,严格禁止对一个人的权威、诚实的名字、声誉和社会地位采取行动。关键词:人的尊严;伊斯兰教法;权利与自由;
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Perceiving the legal category of «dignity» in the legal approaches of the Islamic world
The right to human dignity respect is the fundamental aspect for any developed country and its legal system, where human dignity usually takes the most central role. However, taking into account certain provisions of the customary law and its origins, certain cultural or religious aspects in forming the legal regulations, specific court decisions and precedents,it is fair to say that the views on dignity within different legal systems will differ in their own way. In the context of the above, the countries of the Islamic world are no exception, as the study of dignity as a legal category through the prism of Muslim legal experience cannot be separated from the religion. That is because Muslims, as followers of Islam, have their own unique perception of the world based primarily on the ancient religious customs, traditions, beliefs, etc. The Islamic concept of human rights, in comparison with, for example, the Romano-Germanic approaches, does not emphasize the natural origin of rights and freedoms, because its foundation is based on other sources and other values, which in essence constitute the content of the Islamic world order. According to some researchers, the Islamic legal concept is based on such principles as: dignity and brotherhood; equality of all members of Islamic society, without division on the basis of race and colour or social status; respect for the honour, reputation and family of each individual; presumption of innocence and personal freedom. By studying dignity as a legal category through the prism of Islamic religious and legal principles, one can’t but highlight the fact that one of the specifics of such a legal family is the realization that rights and freedoms are the gift of Allah, and rights and freedoms are based on a certain sacred meaning that constitute the will of the Almighty. That is the reason why the dignity in the Muslim world perception is considered something divine, as human rights in Islam derive their power not from the will of the state or representatives of the government machine or human nature, but only from the will of the Creator. Given the sacred content of dignity as a multifaceted category in Muslim law, it is strictly forbidden to take action against a person’s authority, honest name, reputation and position in society. Keywords: human dignity, Islamic law, rights and freedoms, Islam.
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