نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 دانشگاه علوم اسلامی رضوی
2 استادیار گروه فقه و حقوق دانشگاه شهیدمطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The study of issues related to "Rights and Duties" is considered one of the issues of jurisprudence and philosophy of law. So far, there have been many scientific discussions about the "meaning", "interrelation" and "coherence" of rights and duties; but after believing in the coherence between rights and duties, - in the sense that every human being who has a right is also a duty holder - the necessity of "proportionality" between rights and duties has not been examined in these sciences. The mission of this article is to explain the meaning of proportionality and belief in its principle. In this way, proportionality has been defined as “a two-way or multi-directional relationship, harmoniously and compatible with each other, to achieve a specific goal.” This principle has been proven with rational reasons, such as: "The principle of the coherence between rights and duties" and "The principle of justice" and narrational evidence, such as: "The necessity of equality in rights and duties", taken from the verse "لَهُنَّ مِثْلُ الَّذِی عَلَیْهِنَّ بِالْمَعْرُوفِ", and has been explained in two individual and social dimensions. Then, the criteria required to establish and measure proportionality, including narrational criteria such as; the Ma’rouf criterion, financial and intellectual ability, the moral criterion of human dignity, and criteria derived from rational foundations, have been outlined. The research method is descriptive-analytical and the method of collecting information is library.
کلیدواژهها [English]
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