RIGHT TO LIFE: A COMPARATIVE ANALYSIS OF THE ISLAMIC LAW AND INTERNATIONAL HUMAN RIGHTS LAW

Abstract

The right to life is one of the foundational principles of law. It is well-established both in Islamic law and International Human rights law. The supremacy of the right to life and the prohibition of the arbitrary deprivations of life remains uncontested throughout the world. Thus it is of universal recognition. Moreover, according to Islamic law and International Human rights law, the notion of the right to life is not only limited to physical harm or injuries rather it encompasses a wide variety of rights such as the right to health, clean water, food, and virtually everything that is essential for livelihood. Glorious Holy Qur’an and international Islamic law treaties and conventions preserves “right to life” of every human being. Similarly, there are several international treaties, conventions, declarations, and regional instruments that safeguard this right of every person. Apart from this, Islamic law and IHRL, both impose a binding obligation on the states and all persons in the authoritative positions to safeguard this right and ensure its implementation.

While employing doctrinal research methodology this paper has analyzed the right to life from the perspectives of Islamic law and international laws and has explored its wider scope and application in the light of Holy Qur’an, Sunnah, and interpretations rendered by the International and National Courts and Tribunals. Moreover, limitations of the notion of the “right to life” specifically the controversies concerning Capital punishments or the death penalty, Euthanasia, Abortion, Extra-judicial Killings have been analyzed from the perspectives of Islamic law as well as IHRL.