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:: Volume 17, Issue 65 (7-2017) ::
2017, 17(65): 235-265 Back to browse issues page
Jurisprudential Foundations of Fitting (making appropriate environments) for the Disabled People
Hassan Aboutalebi , Mohammad jafari Harandi , Seyed Mohammad Reza Ayati
Abstract:   (696 Views)
Introduction: Disability is defined as the incapability of performing all or part of the normal activities of individual or social life due to congenital or acquired defects in the physical or mental abilities.
Giving rights of disabled people and empowering them to have an independent life and to participate  in all aspects of life rely on making appropriate  urban environments.
 Disability and challenge of environment appropriateness in the current era are an irrefutable truth  . Modern societies deal with this fact in an actual manner and to this large minority, they give rights  and are committed to performing them.
Critical review of resources: The question of whether the government has an obligation to provide equal access for disabled people  has not been addressed in the written works on the rights of people with disabilities, which has been criticized.
Another unanswered question is whether not using the usual infrastructure facilities of society by the disabled is due to a defect in these people or  it is due to a lack of urban infrastructure
Discussion: Research has argued  that since our country , Iran, is based on the Islamic state, the question arises as to whether equal access for the disabled as a right is recognized in the foundations of Islamic jurisprudence, including the Qur’an and tradition And whether  the government, on the one hand, and the Islamic community, on the other hand, have such an assignment to such a right.
This article was written using  analytical-descriptive method and the rules and principles defined in the ijtihad course  and tried to find an appropriate answer to  this question.
Awareness of the Islamic approach to disability phenomenon, while eliminating some misconceptions, has an effective impact on improving disabled people’s  attitude towards themselves and society’s attitude towards  them. Also,  it is considered as a basis for the demand and supply of special services to the disabled and their other social rights.
Moreover, with the advancement of modern societies in the provision and promotion of services for the disabled, if a religious government like our beloved Iran, cannot be present, at the present time, at least on theoretical foundations - alongside these countries, definitely in the future will move backward in this race.
Findings: The findings of the research indicated that the general and religious evidence point to the rights to equal access and the necessity of the presence of people with disabilities in the society, and the government cannot, and  has no such right that due to the lack of conditions and by keeping the process of access for everyone silent, always and permanently deprive people with disabilities from social responsibilities. But the right to proper implementation and the rights to the equal access are obligatory to the government.
Keywords: disability, jurisprudence, appropriateness (of environment), equal access, positive or negative discrimination.
Full-Text [PDF 550 kb]   (419 Downloads)    
Type of Study: orginal |
Received: 2017/12/27 | Accepted: 2017/12/27 | Published: 2017/12/27
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Aboutalebi H, jafari Harandi M, Ayati S M R. Jurisprudential Foundations of Fitting (making appropriate environments) for the Disabled People. Social Welfare. 2017; 17 (65) :235-265
URL: http://refahj.uswr.ac.ir/article-1-2986-en.html

Volume 17, Issue 65 (7-2017) Back to browse issues page
فصلنامه رفاه اجتماعی Social Welfare Quarterly
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