Ethics

Adopted from the book : "Freedom; The Unstated Facts and Points" by : "Ayatullah Misbah Yazdi"

There is a set of natural and inborn rights, which are above the law and no lawmaker has the right to set limit on.

Among these rights, for example, the freedom to choose one’s residence can be cited. This means that man is free to live in any city and place he likes and no one can prevent him in doing so—as to why he has bought a house in a certain place and has chosen residence.

Another example is the freedom to choose one’s occupation, which means that everyone is free to choose whatever occupation he likes and no law can condemn him as to why he has chosen a certain occupation. Similar is the case of freedom in choosing a spouse, meaning that man is free to choose as his spouse and marry anyone whom he likes, and no law can prevent him from choosing the spouse whom he likes.

Reply

Let us pose this question to anyone who raises this doubt: Which does he mean, these rights are indeed absolutely and unconditionally fixed for individuals, or there are existing laws related to them? If he says that there are existing laws related to them, then he has blemished his own claim because in principle the spirit and nature of enactment of law is nothing but setting red line and imposing limitations.

But if he chooses the first line of argument and says that there are no existing law, condition and requisite in relation to them, the problem is that in practice such a thing is impossible. For instance, one of the rights that is said to be above the law is the right to be free. Yet, is there a single country in which there is absolute, unconditional and unrestrained freedom and the individuals are free to do whatever they like? In essence, the social system cannot tolerate such a thing.

If there were no law in the society and law did not fix the limit and boundary for the action of human beings, everything would disintegrate and the social system would cease to exist. If all these freedoms are above the law as it is claimed, then we have the following: right for residence, right for occupation, right for spouse, right to freedom of expression, etc.

Is there anyone in the world who, under the pretext of freedom of expression, has the right to vilify and pour scorn on others?! Is there anyone in the world who, under the excuse of freedom to choose residence, has the right to usurp the house and land of people and to dwell therein?! Is there anyone in the world who, under the ploy of freedom to choose a spouse, has the right to marry his own mother or sister?!

Therefore, those who claim that there are rights that are above the law are themselves not bound by this basis and do not allow the lawmaker to determine limits and boundaries as well as conditions and requisites regarding them. This is a contradiction they are facing, and its solution is for them to abandon this claim because taking out the limits and boundaries in the social conduct, as what we have said, is impossible and leads to chaos and the disintegration of the system.