Human dignity, minimum and maximum: what is the justification for the difference between male and female Diyah” in Islam?

Seyed Abdosaleh  Jafari; Behin  Araminia; Hanieh  Tavasoli; Nafiseh  Tavasoli; Soheil  Abedi; Ahmad Fayaz  Bakhshe

doi:10.18502/jmehm.v17i7.17106

Seyed Abdosaleh Jafari Researcher, University of Religions and Denominations, Research Center for Religions and Denominations; Researcher, Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences, Tehran, Iran.
Behin Araminia Researcher, Mental Health Research Center, Iran University of Medical Sciences, Tehran, Iran.
Hanieh Tavasoli Resident of Neurology, Faculty of Medicine, Mashhad University of Medical Sciences, Mashhad, Iran.
Nafiseh Tavasoli Researcher, Endocrine and Metabolism Research Institute, Endocrine and Metabolism Research Center, Tehran University of Medical Sciences, Tehran, Iran
Soheil Abedi PhD Candidate in Medical Ethics, Medical Ethics and History of Medicine Research Center, Tehran University of Medical Sciences, Tehran, Iran.
Ahmad Fayaz Bakhshe Researcher, Sina Trauma & Surgery Research Center, Tehran University of Medical Sciences, Tehran, Iran.

DOI: https://doi.org/10.18502/jmehm.v17i7.17106

Keywords: Humans; Personhood; Human dignity; Personal autonomy; Bioethics.

Abstract

Human dignity is discussed in fields such as law, theology and ethics. In human rights and law, dignity is fixed and equal for everyone, but in theology, it can be different based on human actions. The highest human position is obtained through voluntary selection of goodness. However, failure to achieve this does not indicate a complete loss of dignity from a religious point of view, as there are other characteristics that can bestow dignity. The existence of these dignifying factors creates minimum and maximum degrees of dignity, the maximum being discussed in theology, and the minimum in law and human rights. The laws on compensation for harm may lead to the false conclusion that dignity can be purchased, but we must remember that dignity has two dimensions: material and spiritual. While damage to the spiritual dimension cannot be undone, “Diya” has been provided in Islam to compensate for the material dimension. This explains the difference between male and female Diya in Islamic laws. Spiritual dignity is independent of gender, but to compensate for material dignity, higher Diya has been proposed for men as they have a more prominent role in financing the family. In the end, we will discuss that due to the role changes in the society nowadays, the laws will need to be modified.