Identifying the Elements of the Discourse of Virtue in Ethical Narratives Using Thematic Analysis

Abstract

This study critically analyzes the concepts of "dignity" and "human worth" in jurisprudential texts, highlighting conceptual challenges using a conceptual analysis approach. The research employed a qualitative design utilizing conceptual analysis methodology. Data were collected through semi-structured interviews with 18 Islamic jurisprudence and law experts in Tehran. Participants were selected purposefully, and data collection continued until theoretical saturation was reached. Data analysis was conducted via thematic analysis using Nvivo software. Results revealed two forms of human dignity in jurisprudential texts: intrinsic dignity (natural and inalienable) and acquired dignity (dependent on piety and ethical actions). Furthermore, human worth was found to be distinct from dignity, primarily tied to social status and cultural norms. The applicability of these concepts in criminal, political, familial, and medical jurisprudence was clearly identified. Additional findings highlighted critical challenges including the conflict between certain Islamic punishments and the principle of human dignity, gender discrimination, conceptual ambiguity, and the necessity of compatibility with human rights principles. Despite the fundamental importance of dignity and human worth in Islamic jurisprudence, significant conceptual challenges persist, necessitating further clarification and reevaluation. Emphasizing human dignity in formulating and enforcing jurisprudential rulings and laws is crucial, serving as a foundation for social and educational policymaking.