A Comparative Study of the Death Penalty in Islamic Countries’ Laws

Investigating the death penalty as one of the examples of depriving the right to life has always been one of the most important concerns of human rights. On this basis, examining it in the constitutions and criminal laws of Islamic countries, both in itself and with regard to the type and degree of influence of these countries from the customary approaches of human rights or Islamic standards, is one of the requirements of human rights studies. This article seeks to answer the key question of what approach Islamic countries have taken into consideration regarding the "death penalty". This research is based on the descriptive-analytical method and is organized based on library and document studies. The findings of the article show that the level of concern for rights and freedoms and the type of encounter with them among Islamic countries has a direct relation with the relationship between religion and the government; However, the duality of custom and Sharia in the category of right to life in the constitution and the penal code of Islamic countries has had different reflections. Regarding the death penalty, extreme approaches (maximum permitting) on the one hand, and excessive approaches (maximum prohibiting) on the other hand, have lined up against each other; The dominant model accepted in Islamic countries, in this regard, is in line with the system of customary and secular human rights and is influenced by the approach of the divergence of religion and the government. However, with the strengthening of the convergence of religion and government in some Islamic countries, serious resistance regarding adherence to religious texts can be predicted.