Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 567-584 |
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Fatemikhah A, Heydari M A, Tavakoli A R. The Right to Life and its Deprivation from the Perspective of Islam and International Rights. MLJ 2022; 16 :567-584
URL: http://ijmedicallaw.ir/article-1-1655-en.html
URL: http://ijmedicallaw.ir/article-1-1655-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract:
Background and Aim: In the perspective of Islam and international documents, it is accepted that it is forbidden to take away the right to life, but of course, due to different theoretical bases, there are different interpretations about the right to life. In this regard, the aim of the present research is the right to life and its deprivation from the perspective of Islam and international human rights.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings showed that in the eyes of the general international human rights documents, the right to life is considered as a fundamental, absolute and basic right of other rights and cannot be taken away or challenged. From the point of view of Islam, the sanctity of taking life is not only limited to material life. In other words, because in Islam, life is expressed in two ways, material and spiritual, in addition to the fact that no one has the right to deprive himself or others of material life, the deprivation of spiritual life, which is realized by misleading people, is prohibited and subject to punishment, it has been known.
Conclusion: It can be concluded that depriving people is forbidden if it is done unjustly, in cases such as martyrdom, self-sacrifice and jihad. Muslims are allowed to put their material life at risk, in which case preserving the deprivation of life is valuable and virtuous. But in the view of general international human rights documents, the right to life is a fundamental, absolute and basic right.
Method: The research method is documentary and library type.
Please cite this article as:
Fatemikhah A, Heydari MA, Tavakoli AR. The Right to Life and its Deprivation from the Perspective of Islam and International Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e34.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings showed that in the eyes of the general international human rights documents, the right to life is considered as a fundamental, absolute and basic right of other rights and cannot be taken away or challenged. From the point of view of Islam, the sanctity of taking life is not only limited to material life. In other words, because in Islam, life is expressed in two ways, material and spiritual, in addition to the fact that no one has the right to deprive himself or others of material life, the deprivation of spiritual life, which is realized by misleading people, is prohibited and subject to punishment, it has been known.
Conclusion: It can be concluded that depriving people is forbidden if it is done unjustly, in cases such as martyrdom, self-sacrifice and jihad. Muslims are allowed to put their material life at risk, in which case preserving the deprivation of life is valuable and virtuous. But in the view of general international human rights documents, the right to life is a fundamental, absolute and basic right.
Method: The research method is documentary and library type.
Please cite this article as:
Fatemikhah A, Heydari MA, Tavakoli AR. The Right to Life and its Deprivation from the Perspective of Islam and International Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e34.
Type of Study: Original Article |
Received: 2023/05/29 | Accepted: 2023/10/9
Received: 2023/05/29 | Accepted: 2023/10/9
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