Human Dignity in terms of the Imperative Interests Regarded in Islamic Law

According to the Qur'an, created in the most beautiful way, human has been given to honor and superiority. The rights and duties established by the law and the innate characteristics constitute the dignity of a person. Except on a valid ground, these components of the dignity are protected against any intervention and nobody may be criticized or condemned because of them. In Islamic law, maslaha (interest) is generally defined as “seeking what is beneficial and avoiding what is harmful”. In the methodology of jurisprudence, interests are divided into three categories as the imperative (daruriyyat), the necessary (hajiyyat) and the enhancing (tahsiniyyat). The imperative interests consist of the protection of religion, life, lineage, property and reason (aql). These interests are found among the grounds of legal regulations. Respect for the faith or the religion of the others, which is a requisite of coexistence in the societal life is part of the protection of religion while right to physical integrity aims at the protection of life. Likewise, marriage and family privacy are essential for the protection of lineage. In the meantime, right to private property and respect for it means protecting the property. Lastly, freedom of belief and thought can be considered within the scope of the protection of reason. This study strives to ascertain the place of the dignity based on the imperative interests. In this regard, it will also point out legal regulations