The Relationship between Islamic Punishment and the Principle of Inherent Human Dignity in the Light of Human Rights

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Bahraminejad Ali

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Journal Paper

Paper Information

Journal: JURISPRUDENTIAL RESEARCH ON HUMAN RIGHTS Year:2024 | Volume:1 | Issue:1 Page(s): 19-30

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Information Journal Paper

Title

The Relationship between Islamic Punishment and the Principle of Inherent Human Dignity in the Light of Human Rights

Author(s)

Bahraminejad Ali | Issue Writer Certificate

Keywords

Islamic punishment

inherent human dignity

human rights

Criminal

Abstract

Background and Aim: Human dignity is one of the fundamental principles of human rights, which serves as the basis for many human rights and privileges. This right is not only inalienable but also regarded as a cornerstone of human rights. Some secular intellectuals believe that Islamic rulings, such as qisas (retribution) and divine punishments, are violent in nature and conflict with human dignity. This study examines whether Islamic punishments are in conflict with human rights and the inherent dignity of humans.
Materials and Methods: This research was conducted using a descriptive-analytical method, with data gathered from credible library sources.
Ethical Considerations: Throughout the research process, ethical principles, including the authenticity of texts, scientific honesty, and integrity, were maintained.
Findings: Human dignity and human rights are principles endorsed by Islam. However, their scope should not be limited solely to criminals and murderers. While criminals, too, possess rights as humans, the dignity and rights of the victim and those harmed by the crime should not be overlooked. They also have human rights that have been violated by the crime.
Conclusion: From a rational perspective, the implementation of divine punishments and qisas is in line with upholding the dignity of the victim and their heirs. Justice and human rights require that a murderer, who has deliberately violated the dignity and right to life of another, not have their dignity respected in this regard, a principle that Islam also emphasizes.

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