Justifying the Cultural Right in Shia jurispredence

• Main Author: Mohaddeseh Moeinifar
• Format: Article
• Language: fas
• Published: Imam Sadiq University 2020-02-01
• Series: Religion & Communication
• Subjects: culture; right; cultural right; islamic jurisprudence; and owner of the right
• Online Access: https://rc.journals.isu.ac.ir/article_2832_8cf910a8edd9b0584bfb704af2abf0b0.pdf

The concept of culture, despite its numerous definitions, is ambiguous. In addition, the issues of new rights are also a matter of contemporary world, and sometimes these rights are also belongs to obscure concepts such as culture, while the subject of culture, which in many cases has a deep link with religion, affects ambiguity of the cultural right, because there is no consense on the concept of religion. Confirming this, many jurists point out the ambiguity of the cultural right which is often counted as third generation rights. In this paper, we have tried to answer the fundamental question, what are the concept, examples, and foundations of the legitimacy of the cultural right in Islamic jurisprudence.Concepts and examples of cultural rights are noticeable in the three areas of jurisprudence of figh Akbar, figh usat and figh asghar. for justification it, it should be acknowledged that in the linguistic phase, according to verses such as 15 Isra, 4 Ibrahim, 205 baharah, 13 hojarat and especially 164 Al imran and narrations about the issues of being religion with reason, the domination of the prophets and the imams on the language of the various tribes, the purposes of sending prophets, and the creation of the nations in different languages, the right to culture in Islam is a legitimate right, though it is better to say that the right is a mixed right with duty, not a simple right.