The Sources of Rights

WELFARE OF INDIVIDUALS AND SOCIETY:

Man has a variety of needs and requirements and the total fulfillment of all of them is not possible in this materialistic world which is the house of contradictions and hindrances. Many a times there is the need to sacrifice some of these for the sake of others. This is the stage when the question of selection comes to surface. Wisdom demands that the lower and the lesser requirement is sacrificed for the sake of higher one. However, all the human beings do not follow this principle. It may be due to feeble realization and identification or it may be due to being used to or attached with some of the enjoyments that the people prefer their lower and lesser requirements. It is in case of such people that it is said that they act against their interests.

Therefore, a prudent action is one which fulfils the more important requirements and achieves higher perfection. In reasoning. This is also true in regard to the clash between individual and group interests. That is to say that social life demands that certain individual interests be sacrificed for the sake of the society. Every individual should give away some of his individual benefits and desires in order to fulfill the interest of the society.

Clash between the interest of an individual and the society takes place in two ways. Firstly the sacrificing of an individual interest for the sake of society takes place such a manner that it fulfils the requirements of all the individuals of the society including this person who has given up his interest and that this person is granted another interest of the same value or greater that that. In this case his wisdom would call for such a sacrifice. In other words his own interest demands such a generosity.

The other case is that giving up of individual interest may not result in the achievement of equal or greater interest of the individual. That is to say such a generosity may provide him with no benefit or even if any benefit accrues to him it is lesser than the interest he has sacrificed. Can one say in such a situation that it would be wise of him to overlook his interest so as to enable others to achieve their own?

The fact it that a positive reply cannot be given to this question on the basis of materialistic outlook. It’s this outlook which explains the logic of profiteering. It is on this basis that every individual tries to exploit the society as much as he can irrespective of the great loss he would incur to others in this process. He would forego his interests only if he feels that if he did not do so he may have to suffer more and may not be able to derive grater benefit from the society.

As a matter of fact those who speak of society’s welfare and declare support for others interests and rights from a materialistic point of view are hypocrites and imposters. In fact their only purpose is to achieve their selfish motives and nothing else. This is the reasoning which is prevalent in most of the human societies and he claim to support truth, justice and human rights made by the leaders of the arrogance and their followers are nothing more that deception.

However. Some of the law experts and jurisprudents are of the view that the basis lies with the society and individual rights are only a part of the society’s rights. It is but natural that in case of clash between the rights of the individual and the society, individual rights have no place. However,

irrespective of the intrinsic weakness of this view which is base on the denial of the real existence of the individual and despite the fact that various parties calling themselves as supporters of this view have in action treaded the path of others as is seen from the deeds of the socialists in different countries of the world, how can one convince an individual to the effect that he should rationally give up his personal interests without acquiring equal or greater benefit from the society.

We know that individuals can be made to be indulgent and by means of propagation and inciting their sentiments and feelings. One can also lead them to the battlefield by propagating nationalism and racial sentiments. It is not the question f misguiding the people; it is the question of finding out a rational solution of the problem.

It is through divine wisdom that a positive and clear-cut answer can be found out for this issue. It is because, firstly divine expediency demands that largest number of human beings achieve their own perfection and worldly comforts be given to human beings as the means to achieve this move for perfection. These should, therefore, be so exploited that the objective of creation in respect to all the individuals is realized.

Secondly, though indulgence and disposition may cause deprivation from material benefits but provide spiritual and moral perfection in return and their achievement is the real purpose of the creation of man and the world.

Thirdly, any deprivation suffered in this world in the path of divine pleasure and for the realization of the objective hidden in the creation of humanity shall be compensated for in the other world in a better and more perfect form.

Therefore, the reason for giving up ones own interests, in case their fulfillment conflicts with the interest of the society, is that divine expediency and the realization of the objectives of creation demand this. The way to convince people for indulging in such sacrifice is to make them realize that such an indulgence will on the one hand perfect their spirit and inner self bringing about enjoyment of conscience and spiritual pleasure and on the other hand provide them with eternal and everlasting. Bliss and closeness to divine benediction and unending heavenly blessing. These blessings are not comparable with the materialistic and worldly pleasures either in terms of quantity or quality. In this way the relationship of the divine legal system with ethical system and the divine concept of universe becomes clear.