Volume 11, Issue 1 (4-2021)
پژوهشهاي سياسي جهان اسلام 2021, 11(1): 163-184 |
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shayanfar J, hoseini S, momeni A. Cultural rights; Governing logic and production models
(Comparative study of Iranian and Egyptian constitutions). پژوهشهاي سياسي جهان اسلام 2021; 11 (1) :163-184
URL: http://priw.ir/article-1-1530-en.html
URL: http://priw.ir/article-1-1530-en.html
1- PhD student in Islamic jurisprudence and law, University of Tehran, Iran. , javad.shayanfar@ut.ac.ir
2- Associate Professor, Department of Islamic Jurisprudence and Law, University of Tehran, Iran.(responsible auther)
3- Associate Professor, Department of Islamic Jurisprudence and Law, University of Tehran, Iran.
2- Associate Professor, Department of Islamic Jurisprudence and Law, University of Tehran, Iran.(responsible auther)
3- Associate Professor, Department of Islamic Jurisprudence and Law, University of Tehran, Iran.
Abstract: (1358 Views)
The emergence of cultural rights as a part of human rights has caused that not only the distinctive chapter of this type of human rights is not clear from other sectors, but also among the models of production and recognition of this right, a model compatible with the Islamic political system. Has not been established, so the purpose of this study is to first determine the logic governing this human right and then to establish a model of identification and production that is compatible with the political system of Islam, then a comparative study of Iranian constitutions ( Adopted in 1979 AD and Egypt (Adopted 2012 AD), which are based on Islamic jurisprudence, deal with cultural rights. One of the results of the present study is that the distinguishing chapter of cultural rights from other human rights is that any right that causes the intellectual development of human beings and shapes their identity and personality and causes their spiritual and spiritual excellence, is among the cultural rights. Regarding the models of production and recognition of cultural rights, based on the Hegelian dialectical method, a "mixed" model is established for countries based on the Islamic political system, and that the constitutions of Iran and Egypt, which are based on Islamic jurisprudence, Some items are incomplete and need to be completed and revised. Among the applications of the present study, we can mention that according to the logic governing cultural rights, examples of this right can be counted in international and domestic documents and the "mixed model" can be considered as a model for the production and recognition of cultural rights. Finally, to explain the gaps and shortcomings of the constitutions of Iran and Egypt in the field of expressing cultural rights, and to provide practical suggestions for the revision of the mentioned laws. The present research has been done by comparative analysis method and using library tools in such a way that while expressing the distinguishing chapter of cultural rights from other human rights, the approach of the constitutions of Iran and Egypt as constitutions based on the Islamic political system regarding rights Cultural, have been compared and their commonalities and differences have been expressed.
Type of Study: Research |
Subject:
Special
Received: 2020/12/18 | Accepted: 2021/03/11 | Published: 2021/04/4
Received: 2020/12/18 | Accepted: 2021/03/11 | Published: 2021/04/4
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