Islam, the Right to live...Which legal formula?

On the one hand, the Islamic criminal law has undergone extrareligious criticisms emanating from philosophical and legal attitudes of individualism. The Islamic criminal law has been under severe criticisms more than other branches of Islamic jurisprudence since it is closely linked with the rights and freedoms of individual. On the other hand, this law requires deep legal considerations to pave the way for derivation of formulas guaranteeing the rights and freedoms of individual within the domination and outhority of the Islamic system and the exigencies of collective life. However, the philosophical and theological foundations of the Islamic legal school are different from those of other legal schools. Derivation of these formulas calls for deep considerations of administrative jurisprudence with regard to punishments, emphasis on the purposes and goals of the divine law, and the interests relevant to the Islamic system.On of these formulas is that of “the life of a Muslim is not to be lost without compensation” wich is however neglected due to the lack of attitudes emenating from administrative jurisprudence, negligence of purposes of divine law, and failure to consider historical as well as sociological backgrounds of the time it was first declared.The present article deals with a survey and derivation of this legal formula, gathering facts and evidence, and clarifying. its meaning and domain. One of the features of this formula is that it is not a peculiar Islamic one with which the divine law - maker has willed to favor Muslims. However, this formula denotes the natural rights of individual and the right to live in the Islamic society. It also regards protection of the same right a binding obligation of the Islamic government.