Legal Analysis of Citizenship Rights from the Perspective of Islamic Jurisprudence and the Universal Declaration of Human Rights with Emphasis on Legitimate Freedoms

Abstract

Citizenship rights constitute one of the fundamental pillars of any civil society, providing the necessary conditions for a dignified and humane life as a set of rights and freedoms. These rights are shaped by cultural, social, and religious factors in different societies and are interpreted and implemented within diverse legal systems. Among these, Islamic jurisprudence, as a comprehensive and authoritative legal framework, plays a significant role in defining and elucidating citizenship rights. On the other hand, the Universal Declaration of Human Rights (UDHR), as an international document, outlines universal principles and standards for human rights. This declaration particularly emphasizes individual, social, and political freedoms, aiming to promote human dignity on a global scale. The analysis of citizenship rights from the perspectives of Islamic jurisprudence and the UDHR, with a focus on legitimate freedoms, explores the strengths and existing challenges in both frameworks. Islamic jurisprudence, on the one hand, emphasizes ethical and religious values, acknowledges citizenship rights, and upholds principles such as justice, equality, and respect for human dignity. On the other hand, the UDHR adopts a secular and universal approach, seeking to safeguard human rights for all individuals regardless of religion, race, or nationality. The concept of freedom as understood in Islamic legal sources is general in nature and fundamentally differs from the concept of freedom as envisioned by Western thinkers and articulated in the UDHR. While there may be similarities in meaning and scope, the foundational perspectives diverge significantly. According to the Iranian legal system, which is derived from Islamic jurisprudence, absolute freedom is not recognized. Instead, freedom must be accompanied by human dignity, an Islamic worldview, consideration of the afterlife, and the avoidance of promoting immorality and vice in society. Conversely, the notion of freedom in the UDHR is restricted by only one condition: non-infringement upon the rights and freedoms of others. It appears that the constraints on legitimate freedoms in Islamic jurisprudence and the UDHR are not identical. In Islamic jurisprudence, the concept of citizenship is formally recognized. Citizens possess various rights and responsibilities, and the government is obligated to uphold these rights and require citizens to fulfill their responsibilities.