Human dignity, minimum and maximum: what is the justification for the difference between male and female Diyah” in Islam?

Abstract

Human dignity is discussed in fields such as law, theology and ethics. In human rights and law, dignity is fixed and equal for everyone, but in theology, it can be different based on human actions. The highest human position is obtained through voluntary selection of goodness. However, failure to achieve this does not indicate a complete loss of dignity from a religious point of view, as there are other characteristics that can bestow dignity. The existence of these dignifying factors creates minimum and maximum degrees of dignity, the maximum being discussed in theology, and the minimum in law and human rights. The laws on compensation for harm may lead to the false conclusion that dignity can be purchased, but we must remember that dignity has two dimensions: material and spiritual. While damage to the spiritual dimension cannot be undone, “Diya” has been provided in Islam to compensate for the material dimension. This explains the difference between male and female Diya in Islamic laws. Spiritual dignity is independent of gender, but to compensate for material dignity, higher Diya has been proposed for men as they have a more prominent role in financing the family. In the end, we will discuss that due to the role changes in the society nowadays, the laws will need to be modified.

Keywords

• Humans; Personhood; Human dignity; Personal autonomy; Bioethics.