Human as Successor between Two Legal Systems

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Human rights have always been the focus of philosophical, religious, and legal debate, where visions have differed regarding the foundations, nature, and objectives of these rights. While the Western legal system is based on a secular perspective, based on the individual as the central focus of the universe, the Islamic perspective offers a unique approach, viewing man as Allah's successor [caliph] on earth, where he is responsible for its development, according to a divine approach, achieving a balance between rights and duties. This duality in perception raises the question: How are human rights formed according to the Western view? How does this

differ from the Islamic view based on the principle of Caliphate? 

What are the fundamental differences between the two systems? 

In modern Western philosophy, rights are based on "rational" and empirical foundations, as they have evolved through main historical milestones, such as:

-The British Declaration of Rights (1689).

-The Declaration of Independence of the United States (1776).

-The French Declaration of the Rights of Man and Citizen (1789).

-The Universal Declaration of Human Rights (1948).

Jean-Jacques Rousseau, for example, believes that man is born free, but society binds him with controls imposed by laws and traditions.

According to John Locke, the main human rights include the right to life, liberty, and property, which are rights prior to the state, and are not granted by political authority.

Immanuel Kant also asserts that ethics should be based on reason alone, without the need for any religious authority; because "the moral law is within me, not in an external text".

The West has promoted individual freedoms, but this system suffers from fundamental problems, such as:

-The imbalance between rights and duties, where individual rights are emphasized without corresponding responsibilities.

-The tendency towards moral relativism, where there is no fixed standard to determine right and wrong.

-The gradual exclusion of religion as an ethical reference, leading to dismantle social values in some Western societies.

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Friday 21 February 2025
Friday 21 February 2025
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