Document Type : Research Paper
Authors
1
PhD, Faculty of Law & Political Science, Allameh Tabataba’i University, Tehran, Iran
2
Associate Professor of Jurisprudence and Islamic Law, Faculty of Theology, College of Farabi, University of Tehran, Qom, Iran
3
Assistant Professor, Faculty of Political Science & Law, Allameh Tabataba’i University, Tehran, Iran
Abstract
The theory of natural law has been considered by the Muslim philosophers as the dominant principle in the philosophy of law and the basis of the intellectual and legal rules and conventions. Among these philosophers, Farabi is the first thinker who has theorized in this regard on the one hand based on the epistemological and ontological principles, and on the other hand, through the consideration of the relationship between the arbitrary rights and the existential world. Emphasizing the principles of civil philosophy and anthropology, he has analyzed and explained the most fundamental privileges of the human in his individual and social life, which are currently regarded as the cornerstones of other public and social rights. His view to this issue is formed through the analysis of the various aspects and domains of utopia. For him, this utopia is incomplete if the fundamental rights and justice of this epistemic system are not taken into account. In order to fulfill this, it is necessary to observe the existential principles and the attachments of the right to various domains and contexts. Moreover, in order to achieve the structure of Farabi’s theory about the right and its relationship with the existential and natural world, it is necessary to examine the concept of natural right, the position of fundamental justice, the relativity of some rights, and the logic used to discern the right from the wrong.
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