Note: The right to human equality is one of the most fundamental ethical, legal, and social principles in human societies. Hujjat al-Islam wal-Muslimeen Mohammad Razazadeh, a professor of advanced levels at the seminary, in an exclusive note for Contemporary Jurisprudence, seeks to examine the concept, dimensions, foundations, and legal and jurisprudential status of this right. This note addresses questions such as the nature of the right to equality, whether it pertains to human rights or citizenship rights, its natural or contractual nature, evidence for its establishment, and its status in custom or Sharia.
Human equality has long been discussed in philosophical, legal, and religious thought. This principle forms the basis of many justice-oriented systems and human rights frameworks, and it holds a special place in religious and jurisprudential contexts as well. However, a precise understanding of this right and its distinction from similar concepts, such as justice or equality, requires a careful analysis of its foundations and dimensions.
The Nature and Dimensions of the Right to Human Equality
The right to human equality means that all humans, regardless of differences in race, religion, gender, economic status, or geography, possess equal value and dignity and must enjoy equal rights and opportunities in society. The main dimensions of this right include:
Equality in inherent dignity: All humans are equal in terms of their existential worth and entitled to equal respect. Equality before the law: All must enjoy equal legal protection. Equality in opportunities: Social facilities such as education, employment, and participation must be distributed without discrimination. Equality in responsibilities: No one should be exempt from social duties except for justifiable and equitable reasons.
The Status of the Right to Human Equality
Human rights or citizenship rights? Natural or contractual? From a theoretical perspective, the right to equality can be analyzed in two distinct ways:
Human rights: In this view, human equality is considered part of universal and comprehensive rights that belong to an individual simply by virtue of being human. This perspective is evident in international documents such as the Universal Declaration of Human Rights.
Citizenship rights: If equality is regarded as a citizenship right, it depends on an individual’s citizenship of a specific state and is guaranteed by that state.
In terms of its nature, there are also two approaches:
Natural right: Equality is inherent to humans and exists prior to any law or contract.
Contractual right: This right arises from social contracts and cultural consensus and can change with evolving conditions.
Differences in the implications of each choice: If equality is considered natural, it cannot be denied or restricted; however, in the contractual state, it can be limited and redefined. Moreover, human rights transcend states, whereas citizenship rights depend on the state and the constitution of each country.
Evidence for Establishing the Right to Equality and Their Implications
The establishment of the right to human equality can be pursued through various paths:
Reason and philosophy: Sound reason and ethical arguments indicate that there is no rational basis for the inherent superiority of one group over another.
Religion and Sharia: The teachings of divine religions, particularly Islam, emphasize human equality in numerous verses and hadiths; for example, the verse “Indeed, the most noble of you in the sight of Allah is the most righteous of you” (Quran 49:13).
Social and historical experience: History has shown that structural inequality leads to rebellion, social collapse, and governmental inefficiency.
International law: Global laws and treaties, such as the International Covenant on Civil and Political Rights, explicitly declare the principle of equality.
Implications of differences in evidence: Reliance on any one of these foundations affects the scope and manner of implementing equality. For instance, reliance on religion may limit it to believers, whereas reliance on human rights makes it universal and comprehensive.
Human Equality: Definitive or Customary?
The fundamental question is whether equality is a matter that only the Lawgiver can determine (definitive), or whether custom and human reason also play a role in defining and determining its instances (customary)? In response, it can be said: The principle of equality may be rooted in Sharia sources; however, its instances and the boundaries of its implementation can be subject to custom, reason, and changing social conditions. For example, Sharia emphasizes the principle of equality between men and women, but there are differences in certain instances such as inheritance or testimony, which are currently subjects of discussion and reevaluation.
Differences Between the Right to Equality as a Citizenship Right and a Jurisprudential Rule
The right to equality as a jurisprudential rule may not align with modern human rights interpretations in certain cases (such as the rights of non-Muslims), while the right to citizenship offers greater flexibility for conformity with global standards. The right to human equality is a multifaceted and fundamental concept in ethics, law, and religion. This right faces challenges both theoretically and practically. Philosophical, religious, and legal analysis of it shows that equality is not only a moral ideal but also a social necessity for achieving justice and stability. To strengthen this right, constructive interaction must be established among jurisprudential sources, collective reason, and modern laws.
Therefore, the right to human equality can be defined based on either human rights (universal) or citizenship rights (national). The manner of its establishment and interpretation (rational, religious, customary) has different practical implications in various societies.