The present paper studies one of the important issues of philosophy of right from 'Allamah Tabatabaii's and his pupils' viewpoint, i.e., is "right" as is used in the phrase "having right" a genetic or conventional (I'tibari) fact? In other words, does "having right" have an actual existence, indicate actuality, and can be unveiled, or is it a conventional and contractual fact and dependent upon the validity of the validated?
Given the key and basic role of the issue of "right" in ethics, law, and politics, and 'Allamah Tatabatabii's and his aforementioned pupils' influential position in the issue of "right", the matter is of great importance. Furthermore, considering that such issues as human rights, women's rights, freedom, minorities' rights, and man's right to govern himself… are all and all based on the issue of right, accepting any theory about right as conventional or genetic can have different consequences in a variety of matters such as necessitation of right and duty, and vindication and waiving of right in aforementioned issues. In this thesis, the data are gathered through library survey and explained through rational and critical analysis.
'Allamah Tabatabaii and Martyr Motahhari consider a dual nature for right and believe that some rights are genetic and others are conventional. On the contrary, Professor Jawadi and Professor Misbah believe that right has only conventional nature and consider it as sovereignty. In this paper, the dual nature of right was proved based on Islam's philosophical principles and the criterion of right as genetic was explained; the examples of genetic rights were identified and differentiated from conventional rights based on this criterion. In addition, the commonalities and differences between genetic rights and conventional rights were expounded.
Key words: right, genetic, natural, innate, essential, conventional, contractual, Motahhari