أثر اختلاف مفهوم القيم و الأخلاق العامة في تحديد نوعية القوانين و الحقوق : دراسة مقارنة بين الدول الغربية و الدول الإسلامية

الملخص EN

This study reveals the different moral values in Islamic and Western countries, by examining some of the fundamentals agreed upon by the majority of Islamic countries on the one hand, and the fundamentals of most Western countries on the other hand.

The aim is attempting at finding the reason behind the different laws and rights granted in Islamic and Western countries.

The study of the general moral and value system of Islamic and Western society includes the study of all economic, cultural, social and religious factors that affect each society, meaning that the sum of these factors establishes a general moral system, through which laws and rights are applied and interpreted in practice.

While the general values and morals in most western countries are based on everything that serves the interest and independence of the human person himself, the public moral system in most Islamic countries is based on the provisions and principles of the Islamic religion.

On the one hand, this study analyzes some of the historical contexts of Western countries that have significantly contributed to shifting the focus of the moral system from Christianity to humanity, secularism, and pure rationality.

On the other hand, the study emphasizes the important position of the Islamic religion as the primary source of the moral system for most Islamic countries, to the extent that breaching the teachings of the Islamic religion necessarily leads to a breach of the stability of society within Islamic countries.

Therefore, this study concludes that the main reason for the difference in laws and rights between Islamic and Western countries is due to the differing values and moral systems of each of them, which greatly affect the nature and content of these laws and rights.

While the Islamic moral system grants freedoms that are compatible with the teachings and principles of Islamic law and Muslim society, the Western moral system recognizes any kind of freedoms simply because it increases individual freedom and independence, even if it is at the expense of religion or society.