دراسات: علوم الشريعة والقانون (Dec 2021)
Cultural Human Rights in the Light of the Islamic Objective of Preserving the Intellect in Comparison to the International Conventions
Abstract
This research deals with one of the aspects with which preservation of the intellect can be attained. It is the reason which made human beings deserve the position of ‘successive authority of earth’. One of the most important features of the Islamic Shari’a is that it grants an individual his cultural rights, with which civilizations progress. There arises a need to link between the objective of preserving the intellect and the cultural rights of an individual based on international conventions. This is to clarify the vision of Islamic Shari’a in sanctioning cultural rights and uplifting nations with it. This research focuses on the relationship between the objective of preserving the intellect and cultural rights of an individual from an Islamic perspective, and then on the comparison between the Islamic perspective and international conventions with regards to cultural rights of an individual. By mentioning the similarities and differences, this helps to clarify that the Islamic Shari’a has taken good care of cultural rights, and has made rules and arrangements to guarantee the continuation of their application. The Islamic and legal perspectives are common in providing cultural rights in the best possible way, though the Islamic legislations came earlier than the man-made laws. The broadening of cultural rights’ horizon in Islam stems from its firm foundations, principles and the pillars which call for disciplined openness and cultural coexistence, away from exaggeration, extremism, frailty, and backwardness..
