The principle of prohibition of discrimination in the international law regarding human rights and a feasibility study on disregarding the discriminatory rules of Islamic law

Subject Areas : All jurisprudential issues

Ali Asghar  Afshari ¹ (GFdgfdfgd vh ghggb)

Received: 2020-04-27 Accepted : 2022-04-21 Published : 2022-03-21

Keywords: contemporary rationality", prohibition of discrimination", transition of mores", conditional mode", ", confirmative rules",

Abstract :

The principle of prohibition of discrimination is a principle that is recognized as a human rights principle in the international law and is emphasized on by numerous documents. The principle of prohibition of discrimination that enjoys a worldwide acceptability and is confirmed by the contemporary rationality, may represent the transition from the discriminatory mores of the age of legislation to the egalitarian mores of the contemporary age. The question at hand is: what are the impacts of this transition on the discriminatory rules of Islamic law? Considering the fact that the discriminatory mores of the age of legislation were part of the subjects of the discriminatory rules of the legislator, is it right to claim that with the advent of the principle of prohibition of discrimination -that indicates the annihilation of the discriminatory mores of the age of legislation and formation of the new mores- the subjects of the discriminatory rules are eliminated and as a result the discriminatory rules of Islamic law are negated through the negation of their subjects? This article is an attempt to present that the discriminatory mores of the age of legislation are bound to the subjects of the discriminatory rules and thereupon with the formation of the principle of prohibition of discrimination that implies the egalitarian mores, the discriminatory rules of Islamic law will be replaced with egalitarian rules.