Islam, Right to Live& Which Legal Formula?!

In the analysis of the formulaic principle of under protection of law, which is a binding obligation of the Islamic government to protect, the individual’s right to live and the guaranty of putting the punishment into effect are of the greatest significance, on the one hand. On the other hand, the analysis takes into consideration the necessity of the rationality of things related to the issue, such as the necessity of the existence of a center where crime is dealt with and where a rational and reliable criminal policy is applied against crime.Rationally and logically seen, interference by individuals is not permissible as a reaction to some specific punishable deviations and crime, such as apostasy, blaspheming the holy Prophet(PBUH), armed rebellion, disturbance of public peace with use of arms, infidelity of a person who deserves to be fought, and adultery.The derivated formulas, even though rational and in accordance with the Islamic principles, guaranteeing the rights and freedoms, and specifically addressing the individual are not sufficient in considering the effects of the crimes on the collective. If we want to find a new method for this, it has to be based on the traditional principles while it also takes the prevalent conditions into consideration. The newly-adopted jurisprudential method is administrative jurisprudence. In the process of the derivation of formulas for verdicts, this method is itself not only obliged by the prevailing conditions in issuing the verdict but also by the traditional principles of Islamic jurisprudence. It observes both the past and present conditions. It also takes into consideration the proper purpose of the divine law together with its complete fulfillment. Moreover, it conforms to the notion of practical simplicity of formulas. All these are necessarily considered in issuing the verdict.To sum up, the method observes the accuracy of the definition of verdicts and their ensuing effects, as well as it considers the Traditions and the conditions of the time the text was first made known either as a revelation, a saying or jurisprudential teaching. The method takes all this into consideration in order to assure the rationality of the derivated jurisprudential formulas.