The “Right to Life” in the Universal Declaration of Human Rights (UDHR): a comparative study between the UDHR and the Qur’an and Sunnah

• Main Authors: Uddin, Md Fakar, Osmani, Noor Mohammad, Jamil, Khairil Husaini
• Format: Article
• Language: English
• Published: UTM Press 2023
• Subjects: KBP1 Islamic law.Shariah.Fiqh
• Online Access: http://irep.iium.edu.my/107346/1/107346_The%20%E2%80%9CRight%20to%20Life%E2%80%9D.pdf; http://irep.iium.edu.my/107346/; https://jurnalumran.utm.my/index.php/umran/article/view/639

The “Right to Life” has been articulated in the third article of the “Universal Declaration of Human Rights (UDHR) 1948”. The Qur’an and Sunnah had also instructed about it centuries before. But the right has been violated throughout the world with impunity despite clear declaration and stern protection by the UN and paramount emphasis in the Qur’an and Sunnah for protecting it. The aim of this study therefore, is to explore how this “Right to Life” has been articulated in the UDHR and in the Qur’an and Sunnah; how it is being protected by UN and by the Qur’an and Sunnah; and whether this right is compatible with the texts of the Qur’an and Sunnah of prophet (PBUH). It would also look into how this right is violated and how it can be alleviated. This study has followed descriptive, analytical, evaluative and critical methods to describe this fundamental human right in the UDHR and in the Qur’an, to analyse and evaluate its stance in the light of the sacred texts and provide critical evaluation whenever necessary. The study found that this “Right to Life” has been drafted in the UDHR wherein no clause appears to be contradictory with the teachings of the Qur’an and Sunnah. The incompatibility issue is raised by some Islamists claiming that it is for abolishing death penalty. In reality, it does not state to abolish the death penalty; rather it stresses to abolish genocide, murder and unauthorised killings. The Quran and Sunnah also keep the room of diyyah or blood money open to encourage forgiveness instead of death penalty. Also, despite protection of the UN for this right, the violations of it, such as homicide, democide, genocide, extrajudicial killing, enforced disappearances, arbitrary arrest and detentions, are common across the world. The study recommends that if the Qura’nic teachings and protecting mechanisms that clearly bestowed regarding this right be recognised, the violations of it certainly be alleviated.