The Human Rights Challenges of Establishing Boundaries in the Age of Occultation With A Look At the Jurisprudential and Quranic Foundations

In recent years, the issue of human rights and setting boundaries in today's world and in the age of occultation is known as the most challenging issues of the present age. The issue is so acute that some of the jurists who are in favor of the implementation of limits and some who oppose the establishment of limits have tried to present theories about it. On the other hand, the philosophy of human rights, both Islamic and Western, requires that governments should put the principles of human rights at the forefront of their agenda when implementing punishments and avoid extremes in this matter. The issue of human rights and Iqamah are two inseparable things, because both issues are mentioned in the Islamic religion and in the book of God, and the impression that can be made is that both issues should be placed equally on the bottom of the scale. The opinion of the majority of Imami jurists in the era of the absence of Imam Masoom (a.s.) is that the Iqamah Hudud should be closed, but this does not mean that no punishment will be implemented at all, and the majority opinion is on the implementation of punishments. Also, human rights and hudud are two inseparable pillars and the establishment of hudud is the best way in the light of observing the principles of human rights, and the purpose of establishing hudud and implementing punishment is to reach the utopia; The present article aims to examine the challenges of human rights in the implementation of divine decrees and limits by using jurisprudence and Quranic sources and using descriptive and analytical research methods, and these findings and results were obtained that in international documents as much as the observance of rights and human dignity is considered, As much attention has been paid to the execution of the punishment. Therefore, the issue of human rights and the establishment of borders are two inseparable issues, so one should try to consider the principles of human rights in the establishment of borders. On the other hand, Islam, as we know, is a religion of forgiveness and forgiveness, so it is possible to ignore the establishment of boundaries as far as possible, but on the condition that there is no fear of exploitation and corruption. With this explanation, much attention has been paid to human rights and Islamization of societies in Islam. Therefore, the advice of our leaders was to Islamism and to avoid actions that cause anti-Islamism, and it is necessary to take into account the interest of the Islamic society regarding the establishment of Shariah limits. Therefore, it is true that the establishment of boundaries is a command of God Almighty, but this command must always proceed with the expediency of the Islamic community and the Islamic Ummah so as not to cause religious aversion and anti-Islamism. In today's era, when the application of certain punishments such as stoning, crucifixion, etc., is not in the interest of the Islamic society, alternative punishments and punishments can be used because it has both a disciplinary aspect and is lighter than punishments.

کلیدواژه ها:

Philosophy Of Law ، Human Rights ، Age Of Occultation ، Establishment Of Boundaries ، Jurisprudential Foundations ، Quran ، Islam.