Note: Human equality, at first glance, is considered among the natural and inherent rights of human beings; its self-evidence is such that it seems to require no argument for proof. In contrast, however, Islamic thinkers propose the issue of justice in opposition to equality. In their view, that which constitutes the foundation of existence and creation is justice, not equality. Hujjat al-Islam wal-Muslimeen Ebrahim Baqeri, who has been engaged in research at the Research Institute and the Islamic Research Center of the Judiciary for many years, is a proponent of the latter approach. He even believes that mere formal human equality sometimes results in injustice. We discussed the jurisprudential challenges of accepting the right to human equality with this professor and researcher of penal jurisprudence. The Head of the Department of Penal Jurisprudence at the Higher Institute of Jurisprudence and Islamic Sciences, who has been selected as the top researcher of the Judiciary for several years, simultaneously believes that Almighty God enacts no ruling that contradicts the right to equality and human dignity. The detailed text of Contemporary Jurisprudence’s exclusive interview with this prominent professor and researcher of the Qom Seminary follows below:

Contemporary Jurisprudence: What is the right to human equality, and what are its dimensions?

Baqeri: Regarding the right to human equality, we must first pay attention to the object of this right; that is, to what does this right belong and what is its subject matter? If we attend to this point, many problems and difficulties will be resolved, and we can explain the right of human equality in the luminous religion of Islam, and specifically in the Ja’fari school of thought.

Humans possess rights that are sometimes attributed to their humanity; meaning rights that belong to a human being as a human being (insan bi-ma huwa insan), regardless of gender, religion, sect, color, race, and place of residence. These rights include freedom of belief, freedom of expression, and freedom to choose a religion. For example, the noble verse “There is no compulsion in religion” (La ikraha fi al-din) expresses human freedom in choosing a religion.

Furthermore, rights such as education and training also belong to the human being as a human being. In this regard, verses of the Holy Quran such as “In the name of Allah, the Beneficent, the Merciful; The Beneficent; Taught the Quran; Created man; Taught him eloquent speech” show that education and the expression of truths are considered a fundamental right for all humans, regardless of religion, sect, color, and race.

In innate dignity (karamah dhatiya), all humans are equal. However, if acquired dignity (karamah iktisabiya) is intended, differences exist. Acquired dignity refers to the acquisition of additional characteristics such as piety (taqwa), which results in individual superiority. The noble verse “Indeed, the most noble of you in the sight of Allah is the most pious of you” expresses this subject: that the criterion for superiority is piety.

Contemporary Jurisprudence: Are human rights completely equal in Islam?

Baqeri: In the humanity of the human being as a human being, all humans are equal and there is no difference. However, in certain cases where rights pertain to gender or specific conditions, there are differences. For example, in the discussion of blood money (diya) or inheritance, differences may exist that trace back to specific conditions and the requirements of justice and human dignity.

These differences do not mean discrimination; rather, they are regulated based on justice and dignity. For example, in the discussion of inheritance, sometimes a woman’s share is greater than a man’s and sometimes less. These differences depend on specific conditions and the financial and social duties of individuals.

Regarding blood money, although formally a man’s diya is higher than a woman’s, in practice, with new laws such as the obligation of the Damage Redress Fund, these differences have been resolved, and the diya for men and women has become equal.

Contemporary Jurisprudence: Does the acceptance of the right to human equality create a difference in Sharia rulings?

Baqeri: Acceptance of the right to human equality does not create a difference in Sharia rulings, because Sharia rulings are regulated based on the fundamental principles of justice and dignity. These two principles are the axis and foundation of all prescriptive (taklifi) and performative (wad’i) rulings enacted by the Sacred Legislator.

Justice means placing everything in its appropriate position, and human dignity means respecting the specific characteristics and conditions of human beings. These two principles cause Sharia rulings to be regulated based on justice and dignity, and for no discrimination to exist in human rights.

Contemporary Jurisprudence: Can rational constructs (bina’ al-uqala) be a proof (hujjah) in emerging issues (al-umur al-mustahdatha)?

Baqeri: If rational constructs are consistent with justice and dignity, they can be a proof. God enacts no ruling that is contrary to justice and dignity; therefore, if the rational ones (uqala) have accepted something that is consistent with these two fundamental principles, God also confirms and endorses it.

This subject shows that emerging issues can also be justified based on the principles of justice and dignity and be accepted. From the totality of verses and traditions, it can be understood that God and the Infallibles are satisfied with such matters.

Contemporary Jurisprudence: Does equality mean absolute parity?

Baqeri: Equality does not mean absolute parity. At times, formal equality can constitute injustice. For instance, if two individuals with different circumstances and efforts are honored equally, this is in itself an injustice; therefore, equality must be regulated based on justice, and differences in the conditions and characteristics of individuals must be taken into account.