Islam, the Right to Live.. . Which Legal Formula? Part IV

In the previous articles the formulaic principle of under protection of law along with its content and relevant documentation were elaborated on. Then, we examined how it contradicts the principle of not protected by law as to its applicability to offenders in crimes such as apostasy, blasphemy and armed rebellion for reasons obtained by the methodology of the administrative jurisprudence.In addition to this, the applicability of the principle of not protected by law to a specific group of individuals was studied as well as a rational and reliable criminal policy and the need to establish a center where such criminal policy is applied against offences, were discussed.Nevertheless, it is necessary to point out that the principle of under protection of law is compliant with collaborative activities at the service of the criminal policy; The public indirectly related to the punishable offences are encouraged to get help by way of mediation arranged by non-governmental organizations. Not the least, the participation of the offended and offending individuals in order to achieve restorative justice, as well as to eliminate the bad effects of the crime on the society and individuals are considered crucial.In the present article the applicability of the principle of not protected by law to those convicted of muhāraba, non-Muslims at war against Muslims, adulterers, sodomites, adultresses caught in the act with strangers, and to those entitled to retaliation, are studied on the basis of four different sources.