Physical Integrity and the Right to Life: The Intersection of Human Rights and Dynamic Jurisprudence | ||
| مطالعات فقه و حقوق اسلامی | ||
| Articles in Press, Corrected Proof, Available Online from 25 February 2026 PDF (1.25 M) | ||
| Document Type: Original Article | ||
| DOI: 10.22075/feqh.2025.37732.4257 | ||
| Authors | ||
| azam nazari1; Hossein Saberi* 2; Hamid Masjedsaraei3 | ||
| 1دانشجوی دکتری فقه و مبانی حقوق اسلامی | ||
| 2Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran | ||
| 3Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Humanities, University of Semnan, Semnan, Iran | ||
| Receive Date: 12 May 2025, Revise Date: 07 October 2025, Accept Date: 08 October 2025 | ||
| Abstract | ||
| The right to life is one of the most fundamental human rights, receiving special emphasis in Islamic jurisprudential sources. This study, employing the method of content analysis, explores the concepts and jurisprudential evidences related to the right to life in the formation of the human physical personality. It seeks to extract the conceptual frameworks and principal foundations of this right from juristic texts. Accordingly, the research poses the question: what are the evidences that affirm the right to life as a divine trust and a fundamental pillar in the formation of human physical personality? Using qualitative content analysis and an in-depth examination of jurisprudential texts, this study systematically analyzes data derived from Qur'anic verses including verse 29 of Surah Al-Nisa, verses 31 and 33 of Surah Al-Isra, verse 195 of Surah Al-Baqarah, and verse 12 of Surah Al-Mumtahina alongside Prophetic traditions and narrations attributed to Imam Al-Sadiq (peace be upon him). In addition, the views of jurists and jurisprudential principles such as "preservation of life" (ḥifẓ al-nafs) and "legitimate defense" (al-difāʿ al-mashrūʿ) have been considered as key analytical axes. The findings of the content analysis reveal that the right to life, within Islamic jurisprudential sources, is presented as an inviolable principle encompassing concepts such as "life as a divine trust," "the obligation to preserve life," and "legitimate limits and exceptions." Both the principle of "preservation of life" and the principle of "legitimate defense" emphasize the absolute necessity of protecting human life. Therefore, the "right to life" is regarded as a foundational principle in the formation of human physical personality, and safeguarding it is deemed imperative. The findings of this study may provide a basis for the development of protective regulations in the fields of human rights and medical law. | ||
| Keywords | ||
| Right to Life; Sanctity of Life; Preservation of Life; Physical Personality | ||
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