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Monday 24th of June 2024
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The Declaration of Human Rights is philosophy and not law

The absurd thing is that they say that text of the declaration of Human Rights has been approved by the two Houses (of the Iranian Parliament) and as the equality of rights for men and women is included  the text of the Declaration so under the law approved by the two Houses men and women should have equal rights. As if the text of the Declaration of Human Rights is something which is within the competence of the two Houses to approve of or reject. The contents of the Declaration of Human Rights is not the kind of thing which can be put up for the legislative assemblies of countries to approve of or reject.

The Declaration of Human Rights deals with the innate undeniable and unrelinquishable rights of mankind. It refers to rights which as the Declaration claimed are prerequisites of man’s humanity and which the hand of the All- mighty Creator established for them. In other words the Source and Power which provided upon men with intellect volition and human dignity also bestowed upon man as the Declaration Claims human rights.

Human beings cannot make the contents of the Declaration of Human Rights law for themselves and neither can they cancel or depart from those rights on their own. Then what is the sense in saying that it had been approved by the two Houses and the legislative power?

The Declaration of Human Rights is philosophy and not law. It should be presented to the philosophers for their approbation and not for the approval of members of parliaments. The Two legislative Houses cannot determine philosophy and logic for people by taking a vote. If legislative work is to proceed like this then they should take the Einstein’s Theory of Relativity to Parliament and present it to the members to have it approved by them. The hypothesis that there is life on other planets should also be sent for their approval. The laws of nature cannot be approved or rejected just like conventional laws. It is as if we were to say that both the Houses of Parliament have passed an act saving that if we graft a pear onto an apple the graft will be successful; but if it is grafted onto a mulberry it will not.

If such a declaration is issued on behalf of a group of persons who are themselves thinkers and philosophers the nations should entrust it to the hands of their philosophers and campaigners for rights. If in the opinion to the philosophers and thinkers of that particular community the matter can be confirmed then it is the duty of all the members of that community to consider what they say as a truth above law. It is binding upon the legislative power also not to enact any law against what they say.

As for the other nations they are not obliged to accept any declaration until it has been established and discovered in their eyes that such rights exist in the same state in nature.  Besides this these questions are not experimental matters which require equipments laboratories and so forth which Europeans have but others do not it is not a question of breaking the atom the secret of which and the necessary equipment for which are with a limited number of persons: it is philosophy and logic and for this the tools are the brain the intellect and the power of reasoning.

Even if other nations are obliged to follow others in questions of philosophy and logic because they do not consider themselves competent in philosophical thinking we Iranians should not think like that. In the past we reached a high standard of ability and showed our worth in philosophic and logical investigations. Why should we follow others in their solutions to philosophic problems?

It is strange that Islamic thinkers gave so much importance to the question of justice and the essential rights of man when it arose that without any hesitation in accordance with the law of the harmony between reason and Islamic law they used to say that the law of Islam was indeed this. That is to say they did not see the necessity of ancillary corroboration by an Islamic law. Today we have been reduced to the level where we seek confirmation for these matters in approval by members of Parliament.


source : http://www.maaref-foundation.com
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