Islam, the Right to Live, Which Legal Formula?

After defining the formulaic principle of under protection of law, our article in the previous edition emphasized the need of the protection of an individual’s right to live to be pursued in accordance with the administrative jurisprudence. The administrative jurisprudence stands out as a separate methodology within the religious jurisprudence, which is also comprised of the family jurisprudence, and laws on punishment, agreements and religious observance, among other things. In the methodology of the administrative jurisprudence, not only the individual but also society is the factor affecting the religious jurist’s efforts to infer the specifics of a verdict on the basis of relevant sources.Doing this, he has to take into consideration the proper purpose of both the Shari’a law and the religious principles, together with their complete fulfillment. For this reason the law of the religious jurisprudence assumes, in the same way as any other Islamic law does, a new meaning and role in directing the process of defining the specifics of verdicts.However, the important thing to examine is the fact that the principle given above contradicts some of the categories of verdict in the Islamic law of punishment.In the present article some of the categories are surveyed from the points of view of the religious principles, the prophet’s traditions, and Shi’a jurisprudence. Similarly, the following items are of significance for the survey: the reasons obtained by way of the methodology of the administrative jurisprudence, the sciences of the religious principles and the religious jurisprudence, considerations about the traditions at the time of their issuance, and the historical conditions affecting Shi’a jurisprudence, as well as their effect on the religious jurisprudence.