Document Type : Original Article
Department of Public Law and International Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
Department of Public Law and International Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot and timeless, despite the diversity of cultures, ethnicity and religions. Thus, it supposes its innovative human rights are extensible elsewhere in the world. The Islamic approach, emphasizing Human Nature as a common unity of all humans, also believes in universal ultra-spot and timeless human rights. However, it essentially and fundamentally disagrees with the western approach. Meanwhile, religious intellectualism accepts the universality of western human rights despite relying on the philosophical foundations of relativism. The present article analyses the existing duality in the positions of intellectualism due to the current dialectic between Islam and western human rights law.