A comparative study of the death penalty in Islamic countries' laws

Document Type : Research Paper

Authors

1 Associate Professor, the Research Institute of Hawzah and University, Qom, Iran

2 Phd student in Public Law, at the University of Tehran (Farabi Campus); Researcher of Bana Research Center, Qom, iran

10.22034/law.2023.55627.3248

Abstract

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. And 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 that Islamic countries have taken into consideration regarding "death penalty". This research is based on the descriptive-analytical method and is organized on the basis of 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 relationship with the relationship between religion and the state; However, the duality of custom and Sharia in the category of right to life in the basic laws and the penal code of Islamic countries has had different reflections. Regarding the death penalty, while extreme approaches (maximum permitting) on 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 state. However, with the strengthening of the convergence of religion and government in some Islamic countries, serious resistances regarding adherence to religious texts can be predicted.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 23 December 2023

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