Instances of Conflict between the Universal Declaration of Human Rights, Islamic Teachings, and Iranian Law
Keywords:
Universal Declaration of Human Rights, Islamic Teachings, Iranian Law, Points of ConflictAbstract
Human rights constitute one of the fundamental and widely debated subjects among all governments, nations, and social groups. In other words, every human being, in various aspects and dimensions of life—both individual and social—considers themselves entitled to rights from the moment they gain awareness of themselves and their surrounding environment, and they expect those around them to respect these rights. However, the criteria for determining rights vary according to the individual, society, living environment, and even a person’s worldview, leading at times to differences and disputes in this regard. This study seeks to examine and analyze the content of Islamic teachings, Iranian law, and the provisions of the Universal Declaration of Human Rights (UDHR), and to conduct a comparative analysis of their points of conflict. Using a descriptive-analytical method and through careful examination of original documents and primary sources, we studied the differences between Islamic teachings, Iranian law, and the provisions of the UDHR. The resolutions of the UDHR are drafted with a focus on humankind and the maximization of human benefit, a matter that has led to fundamental discrepancies between the foundations, content, and implementation of human rights provisions and human rights as viewed through the Qur'an and Iranian law. In this context, the focus of beliefs, rulings, and laws is based on the will of Almighty God and His infinite existence, which has formed and guided their drafting. This divergence is clearly reflected in the formulation of content, the executive mechanisms, and the manner of enforcing human rights. Substantively, deep differences emerge in matters such as equality and parity among human beings—especially the equality between men and women—as well as in the exercise of freedom of expression and belief.
References
Ahmadi, N. (2022). Theoretical Foundations of Human Rights Shahid Beheshti University, Faculty of Literature and Humanities].
Akhlaqi-Feyzabadi, M. (1996). The Universal Declaration of Human Rights from the Perspective of Islamic Jurisprudence Ferdowsi University of Mashhad, Faculty of Theology and Islamic Studies].
Ansari Baygi, A. (2022). Examining the Foundations of the Universal Declaration of Human Rights from the Perspective of Islamic Philosophy Razavi University of Islamic Sciences, Department of Islamic Philosophy and Theology].
Ayazi, S. M. A. (2001). Freedom in the Quran. Zekr Publishing & Research.
Azarnajad, M. (2009). Examination of the Universal Declaration of Human Rights and Its Foundations from the Perspective of Islamic Jurisprudence and Law Shahid Chamran University of Ahvaz, Faculty of Theology and Islamic Studies].
Badieabadi, M. R. (2015). A Comparative Study of the Universal Declaration of Human Rights and the Teachings of the Holy Bible University of Kashan, Faculty of Literature and Foreign Languages].
Bahreini, A., & Qari Seyyed Fatemi, S. M. (2021). Human Characteristics from the Perspective of the Authors of the Universal Declaration of Human Rights. Public Law Studies (Law), 51(2), 519-535.
Barghamadi, M. (2021). Comparison of Sociological Foundations of Human Rights from Islamic and Western Perspectives Tolu-e Mehr Higher Education Institute - Qom, Department of Law].
Bazrpach, H., & Bozorgi, M. (2023). Comparison of the Universal Declaration of Human Rights with Quranic Teachings. Quranic Studies Journal, 14(55).
Bouyeri, M. (2021). A Comparative Study of Discrepancies Between Iran's Legal System and the International Human Rights System: Examining Periodic Reports of Special Rapporteurs (2011-2020) Kharazmi University, Faculty of Law and Political Sciences].
Ebadi, S. (2002). Women's Rights in Iranian Laws. Ganj Danesh Publications.
Ehsani, S. M. A. (2021). Analysis of Ayatollah Mohseni's Views on the Foundations and Challenging Issues of Human Rights Al-Mustafa International University, Imam Khomeini Educational Complex - Higher School of Wisdom and Religious Studies].
Emami, M. S. H. (2005). Civil Law (18th ed., Vol. 5). Eslamiyeh Publications.
Falahiyan, P., & Kafaie Far, M. A. (2023). Analysis and Pathology of Women's Rights in Iran's Criminal Justice System. Journal of Law and Political Studies, 3(1), 28-38.
Hamd Amin, H. M. (2022). Examining the Religious Dimensions of the Principles of Global Human Rights University of Urmia, Faculty of Literature and Humanities].
Hashemi, S. M. (2005). Human Rights and Fundamental Freedoms. Mizan Publications.
Jafari Langroudi, M. J. (2009). Comprehensive Legal Terminology (4th ed., Vol. 1). Ganj-e Danesh Publications.
Keshtkar Pazouh, M. (2013). A Comparative Study of the Right to Life in the International Human Rights System and the Islamic Human Rights System University of Qom, Faculty of Law and Political Sciences].
Ketabi, A. A., Izadi Oudlou, A., & Jafari, M. T. (2021). Western Human Rights vs. Islamic Human Rights. Islamic human rights studies, 23, 33-53.
Khazaei, L., & Kheyrallah, P. (2022). A Comparative Study of Islamic Human Rights and Western Human Rights. [Journal Name], 7(47), 0-16.
Kulayni, M. i. Y. (2028). Al-Kafi. Dar al-Hadith Research Center.
Mahdavi, M. A. (2018). Foundations of Human Rights from the Perspective of Quranic Verses and Comparison with the UN Charter Islamic Azad University, Damghan Branch, Faculty of Law].
Mehrpour, H. (2012). Human Rights: Differences in Perspectives and Possibilities for Change. Political and International Analyses Monthly, 11.
Mir Mohammad Nirooag, S. M. (2005). Freedom of Expression in Religious Teachings and Human Rights. Andisheh Journal, 44.
Miri Nam Niha, M. (2020). A Comparative Study of the Universal Declaration of Human Rights and Its Implementation in the Laws of the Islamic Republic of Iran. Shabak Journal, 6(4), 81-94.
Moulavi, H. (2021). Human Rights, Universal Declaration of Human Rights, Western Legal System, Islamic Legal System.
Mousavi, S. S. (2022). Strategies for Implementing Human Rights Rules in Islam and the West Payame Noor University, Khuzestan Branch, Dezful Center].
Nematollahi, M. S. (2021). The Position of the Rule of Obligation in Relation to Human Freedom in the Universal Declaration of Human Rights Shahid Bahonar University of Kerman, Faculty of Law and Theology].
Nourbaha, R. (2007). Principles of General Criminal Law. Ganj Danesh Publications.
Sadeghi Jebdaraghi, S. (2011). Comparative Analysis of the International Bill of Human Rights, the Islamic Declaration of Human Rights, and Related Human Rights Issues in the Constitution of the Islamic Republic of Iran Imam Khomeini International University, Faculty of Social Sciences].
Sadeghi, M. H. (2008). Special Criminal Law: Crimes Against Persons. Mizan Publications.
Salehi, M., Jafari Herandi, M., & Asadi Mohmandost, M. (2022). Islam and the Western Universal Declaration of Human Rights: Apostasy, Freedom of Thought, and Belief. Theological-Kalamic Research Journal (Islamic Sciences), 12(48), 183-206.
Saljooghi, M. (2006). Essentials of Private International Law. Mizan Publications.
Sharifian, J. (2011). The Strategy of the Islamic Republic of Iran on Human Rights in the United Nations. Ministry of Foreign Affairs Publishing Center.
Tabaan Shabkhiz, M. H. (2023). Conflict and Compatibility Between the Universal Declaration of Human Rights and Jurisprudence from the Perspective of Freedom of Expression Payame Noor University, Qazvin Center].
Vejdantaleb Foomany, M. (2013). Examining Women's Rights in Matters Related to Marriage and Family Relations Through the Study of International Human Rights Documents University of Guilan, Faculty of Literature and Humanities].
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Copyright (c) 2025 Navid Moslemi (Author); Akbar Ahmadi (Corresponding author); Hasan Asadi (Author)
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