أثر المقاصد الضرورية في حفظ حقوق الإنسان

Abstract EN

When extrapolating the legal texts in all jurisprudential chapters, we find that they center around the five holistic objectives (preserving: religion, self, honor, mind, and money), and for the sake of which god almighty legislated his provisions.

reflecting on every chapter mentioned in it, we find the axis of human rights preservation prominent, and it is not possible for the slightest observer to ignore it, but we find that it has pervaded all rights: physical and psychological, taking into account personal freedom in all of that, and from here i wanted through this research to shed light on the part an important and main element in this regard, which is the motivation () of these five necessities in the preservation of human rights; because as it is known that most of the legal rulings, if not to say, are all motives, not rulings.

therefore, we find her speech non-governing; therefore, we find her address to those responsible between encouragement and intimidation, and the first is more frequent in sharia, and we found imam Abu Ismail al-Harawi (481 ah) pointed to the role of defect in the reasoning of rulings that leads to the weakening of the value of the legal ruling, with the consequences of the loss of motivation, where he says, may god have mercy on him: exalting commands and prohibitions: is that they do not contradict) with dry concessions, do not expose themselves to excessive stress, and do not lead to a reason for weakening submission) Manazel al-Saereen, (p.

81) understanding and observing them is more important than even the necessities themselves; because what is the benefit of knowing it and demonstrating it from the Qur'an and Sunnah without knowing its action, how it works, its effect, and how to employ that influence.

some of these necessities, by way of representation, are motivated by self-preservation in the protection of human rights: god almighty has decreed the punishment for killing for someone who kills a Muslim, or even a dhimmi infidel without a soul, through aggression and deliberately, and he added that with texts: first, texts that wish to revive these souls and make this akin to reviving all of humanity, al-Ma’idah is part of (ومن أحياها فكأنما أحيا الناس جميعا): the almighty said verse 32, and secondly: whoever kills her, it is as if he has killed all people, and the term “soul” came in general to include all people of different religions and races.

Allah says: (والذين لا يدعون مع الله إلها آخر ولا يقتلون النفس التي حرم الله إلا بالحق ولا يزنون ومن يفعل ذلك يلق أثاما) al Furqan-verse (68), and the almighty said about the motive to beware of exposure to the right of oneself to live: (ولا تقتلوا النفس التي حرم الله إلا بالحق ومن قتل مظلوما فقد جعلنا لوليه سلطانا فلا يسرف في القتل إنه كان منصورا) Surat al-Isra verse 33, and in the hadith: on the authority of Abu Saeed, on the authority of the messenger of god (may god bless him and grant him peace), he said: “a neck will come out of the fire, speaking.

he will throw them into the immersion of hell.” narrated by Ahmad, al-Bazzar, and al-Tabarani, and on the authority of Abdullah ibn Amr, on the authority of the messenger of god (peace be upon him), he said: “whoever kills a covenant will not smell the scent of paradise.” narrated by al-Bukhari and al-Nasa’i, “he who kills a dhimmi man will not find the scent of paradise.” and its wind can be found from a distance of seventy years), prophetic texts that give an unparalleled impetus to preserve the right of man to live even if he is not a Muslim.

these papers, and in conclusion, I recommend myself and the researchers to linger and continue to search for the issue of motivation in the general and partial purposes, as they are a great mine of motivational content of great effectiveness that we need and society at the present time; because of the absence of knowledge of the intent of the texts and the rulings deduced from them and how to find what motivates us to apply them and comply with them, and god almighty is the most high and all-knowing, and he is the conciliator for all good and the guide to the right path.