Human Dignity is mentioned in international human rights documents as a protective universal value. While human dignity is an intangible right, autonomous choices of human have come to the fore as the determinant of this dignity. It is seen that this concept does not have suffıcient protection in terms of people who do not have autonomy or use them in the face of scientific and technological developments. On the other hand, It can be said that mukarram attribution is a concept that is based on the dignity of the human being only human. The mukarram is also a characteristic given to the Qur’an. with this aspect, in Islamic Law, this concept is considered not to touched and changed as an attribute a quality attributed to the human species and It has been given a normative content. This feature has content that protects all human beings and the human body, whether alive or not, in any stage of biologicial life. Because human beings are the only creatures with reason ,will and consciousness among other creatures.Therefore, the approach to human should be in a way to protect this repeat indepedently of all religious beliefs and moral attitudes. This study aimed to show that mukarram has an inclusive and protective content of human species in the face of bioethical dilemmas with its content defined in Islamic Law.
Summary
The expression of human dignity includes a value-based definition of what a person is. The first question that comes to mind when people are defined as a dignity being is what the source of dignity is. The content of a concept is not independent from its meaning, and the content of the meaning is not independent from the world idea where the concept exists. The field that is subject to the most evaluations at the point that human dignity is a value that needs to be protected is bioethics. Modern bioethics concept adopts secular and objective principles as it is based on western moral philosophy and biomedicine perspective. In this sense, it keeps the individual and autonomy equal, regardless of cultural ties and beliefs. The principle of autonomy also takes its foundation from human dignity. Because the right to protect one's own identity and dignity is based on her autonomous preferences. This conceptual content has turned human dignity into the basic basis of rights in the demand for individual rights. For this reason, human dignity has begun to form the basis of the opposite claim, which has made this concept uncertain in terms of content. both those who support euthanasia, and researchers on human embryos or advocates and critics of assisted reproductive technologies can use the concept of human dignity. Identification of such opposing rights within the same concept show how uncertain this concept has become. Despite the concept of human dignity, which stands out as a human defining concept in human rights and bioethics, there is a mukarram of human in Islam. In Islam, on the other hand, Şâri has formed the perception that contains value for the human body. It is accepted that, with the qualification of the human body as “mukarram”, Şâri’ has an obligation to protect herself and to the legal order in which she is protected. el-Kerâmet’u-nâs is a attribute attributed to the humanity in the Qur'an and Its content has been defined by Islamic lawyers in a protective way from all kinds of floods that may occur to her and from all kinds of harmful acts that change human species. This concept aims to protect people as subjects. For this reason, el-Kerâmet’u-nâs is a concept that Islamic lawyers have gained a normative quality to protect people. Since human dignity is focused on the addressee, it is a value containing request from the other side. Therefore, for those who cannot claim their rights from the other side, the protective umbrella cannot be sufficient. el-Kerâmet’u-nâs quality brings responsibility to the subject and this feature includes an inclusive protection for humanity, regardless of human biological life cycle. With this aspect, mukarram refers to a more protective feature in terms of its conceptual content for bioethics that evolves towards protecting the subject, as it only belongs to human existence. In the face of many different dilemmas brought by medicine, genetics and biology today, if the person is given the kind of mukarram nature, it will be protected against all kinds of effects that may lose not only this person of today but also future generations. The source of human dignity is autonomous choices of man. This gives man the right to define his own dignity and to determine how to protect it. The autonomy within this meaning content revealed a result that human can do whatever he wants, as long as he does not harm anyone else on his own body. el-Kerâmet’u-Nâs is defined as the duty of protecting it, primarily as a task which must be fulfilled against its own body, as it is a characteristic given by the creator. In this context, the legal order also has an obligation to make arrangements to protect the the human species. Since human dignity is defined as a qualification of people, it has not yet passed into the stage of existence, but it does not express protection in terms of embryo that has the potential to be human. On the other hand, el-kerâmet’u-Nâs cannot be considered as independent from human identity. For this reason, all the people are included in this respect in terms of being human. This respect does not begin with birth, but with the aspect of belonging to the the human species, starting from the first stage of creation. Because this qualification is not given to man, but to human type. As the human species does not change after the embryo phase, it also does not change its respectability. In addition, mukarram is a valid feature in every stage of human biological life. Therefore, there is no life that can be overlooked by saying that one of the biological stages of human beings has more rights to medical support than the other. el-Kerâmet’u-nâs has transformed it into a respectable, legally protected value. This value is attributed not only to the person but also to her body, whether it is in her body or not, and this qualification is made unique to the human body regardless of life and death. Islamic jurists acted with the dignity and innocence when it comes to human beings. For this reason, el-Kerâmet’u-nâs as a legal value that needs to be protected, it has included the next generations in this protection. With this aspect, it should be noted that the mukarram qualification will be more effective and functional in terms of the protective nature of the human species in bioethical dilemmas and its content is more distinctive and identifiable than human dignity.
