Alhassanain(p) Network for Heritage and Islamic Thought

Alhassanain (p) Network for Islamic Heritage and Thought

The Right to Life in Islam

The right to life is the basic right from which all the others derive. This text includes discussions about: the sanctity of life from the Islamic perspective, murder, unintentional killing, the death penalty and compensations for victims and also includes discussions of abortion, suicide, and euthanasia.

Author(s):Abbass Khajeh Piri

www.alhassanain.org/english

Table of Contents

Author's Preface 3

Introduction 4

The Importance of Right to Life 6

God's Free-hold on Living 7

Note 7

The Importance of Human's Right to Life in Islam 8

Notes 8

Safeguarding the Right to Live 9

Notes 9

Various Types of Life in Islam 10

Note 10

Depriving One of Life is Prohibited 11

Notes 12

The Law of Retaliation, Guaranteeing Man's Survival 13

Abortion is Forbidden 15

Depriving Oneself of Life is Forbidden (Sanctity of One's Life) 16

Notes 17

Permitted Cases to Deprive Oneself of Life in Islam 18

Note 19

Holy War, Symbol of Eternal Life 20

Notes 21

The Noble and Lawful Defense 22

Notes 22

Right of Livelihood 23

Notes 23

Islam's Measures for Continuation of Life 24

Notes 26

Conclusion 27

Notes 28

References 29

Author's Preface

When invited by the esteemed IRI's cultural attaché in Moscow, in November of last year, I had the honor to travel to Russia accompanied by the esteemed officials ofBesat Foundation, to closely examine the grounds of expansion of cultural strategies and activities in that territory, so that we could compile an executive plan, based on the existing potentials and facilities. We met different top echelon religious and cultural individuals there.

During this visit, we attended a session where officials of religious and cultural affairs of Russia andTatarstan countries were present, in which they expressed their great interest in Islamic books, texts and even textbooks in Islamic ethics and education.

There is a population of nearly 20 million Muslims in the Russian Federation and particularly in north Caucasia and lands on the Volga riverbank, as well as Muslim and non-Muslims in other countries as addressees in the former Soviet Union who speak Russian fluently. These people have a habit of reading and studying while traveling by the public transportation system.

Translation Movement Institute started its operation nearly a year ago by translating and electronically publishing texts related to Islamic Education. Such facts caused this institute to address the Russian community and to focus the organization of its activities on them.

Having studied the human rights in Islam for a decade I decided to write a simplified, fluent and eloquent short book. I made up my mind to translate it into Russian before publishing it. In this text I intended to introduce and clarify the advanced principles of human rights in Islam to them.

As suggested by the esteemed managing director ofBesat Foundation, it was decided that the Persian text be published simultaneously with the Russian translated text. I am thankful to the Almighty and pray that I will have the pleasure to continue my endeavors in this regard.

Abbass Khajeh Piri , Ph. D

Introduction

يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا ۚ إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ ۚ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ

O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. (Quran, 49:13)

*****

The issue of human rights, for being an inherent one, has a history as old as human age on the earth. The subject was born when mankind came into existence on the Earth. The bigger the human society and the population grew, the vaster the human rights issue was expanded. It has always been the source of freedom-seeking and freedom-fighting movements and it remained the eternal and perpetual ideal of mankind.

The historians have unearthed documents in their studies and researches that are indicative of the fact that mankind stressed its natural rights and basic freedom and liberty 2000 years before BC.

The emergence of Islam in 610 A.D. not only was the milestone but was a golden and perpetual chapter in human history. Because of the contents of its teachings, particularly in human rights, it was welcomed and accepted by the oppressed people in a vast part of the globe and found many followers.

According to a well-known researcher, thinker and scholar,Abul A'la Maududi , the people in the West have the habit of attributing every good thing to themselves and try to prove that it is because of them that the world enjoys this and that blessing, while claiming that "they originated in the West". They also have a habit of pretending that all the bestowments and privileges are rooted in the West, whereas the very first historical document on the human rights, MagnaCarta of Britain (The Great Charter of the Liberties of Britain) was issued by John (England's king at the time) in 1215.

Though the MagnaCarta itself came into existence six hundred years after the advent of Islam, this and the subsequent documents, as valid and firm evidence, prove that the West is lagging behind Islam on the issue of the human rights. Its failure to pay attention to human dignity and its delay in its fight against oppression and tyranny which mankind has suffered during centuries is evident here.

When you study the concepts of human rights in the Islamic teachings you realize that it clearly is indicative of the fact that the human rights system in the Islamic law and the teachings of the Prophet (PBUH) are much more comprehensive and more perfect than what is claimed in the West. The reason is the fundamental difference between the two legal systems of West and Islam, in viewing mankind and his material and spiritual characteristics. In Islamic law criteria of human's erudition and wisdom, humanity and spirituality has been paid specific attention to. On the contrary, West's approach to mankind is not based on spiritual and ethical factors.

On the other hand, as ethics and religion can play the role of the strongest support backing the materialization of human rights, strengthening ethical and religious values in every society will cause expansion of support for the human rights. On the contrary, ethical downfall or ignoring religious values, because of having a negative impact, leads to violation of the human rights. Thus, if laws and regulations in force are left unsupported by the great spiritual and ideological support of the individuals in a society, the ultimate attained consequences will not be favorable. In today's world, failure of the UN's human rights organizations and the international documents (declarations) to address religion and religious beliefs has caused it to fail to develop support of the human rights. The pathetic conditions stemming from violation of the Human Rights that we witness day-to-day around the globe is the result of the above fact.

In the series of essays which follow, we intend to briefly introduce some of the teachings of pure true and real Islam. We try to show the legitimacy of the Islamic laws, while comparing it with the West's flamboyant, showy and loud but empty baseless claims, so that everyone will know how much human being owes to Islamic teachings and to law of the holy prophet.

And of God to success

The Importance of Right to Life

Undoubtedly, the phenomenon of life is the most important phenomenon in the Universe. Among various kinds of lives, the human's life (as the life of the noblest of all creatures and the excellent entity of existence) is very important.

Mankind is the most talented creature and that is why his life is important. Actually what distinguishes the value of the human's life from that of other creatures, while making him outstanding among other creatures, are his astonishing and extraordinary physical and spiritual potentials and talents. Cognition of the magnitude of human who enjoys wisdom, judgment, insight, discretion, knowledge, will power, conscience, love, perfectionism and management, is not easy. And these are only a fraction of it as all these are only a part of the power and ability of man's life. Compared to other creatures, scope and span of human's life impact is so vast and astonishing that in various dimensions without any pause in history, it has always attracted the attention of scholars and philosophers.

The most important principle of inherent rights is the right to life for mankind.

This has been unanimously accepted by all schools of thought.

The right to life is one of the inherent and natural rights of mankind. It is the fundamental of other rights of mankind. There are no other rights for mankind without the right to life.

Inherent right means no legislated law is required for the existence of right, and this law is for everyone. Legislated laws in every system and every society must protect and defend the human's right to life to provide necessary safety for man.

According to Article 3 of the Declaration of Human Rights, everyone has the right to life, liberty and security of person.

Furthermore, according to the International Covenant on Civil and Political Rights "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." [Article 6, Item 1. International Covenant on Civil and Political Rights].

God's Free-hold on Living

Undoubtedly, God owns the lives of all beings and creatures:

الَّذِي خَلَقَ الْمَوْتَ وَالْحَيَاةَ لِيَبْلُوَكُمْ أَيُّكُمْ أَحْسَنُ عَمَلًا ۚ وَهُوَ الْعَزِيزُ الْغَفُورُ

[He] who created death and life to test you [as to] which of you is best in deed - and He is the Exalted in Might, the Forgiving. (Quran, 67:2)

So every creature and specifically his "life" belong to God. There is no creature (in the world) that has the power to create life.

Imam Ali (a.s ) in one of his sermons said:

"Even if all the animals of the earth, whether birds or beasts, stabled cattle or pasturing ones, of different origins and species, dull people and sagacious men -- all jointly try to create (even) a mosquito they are not able to bring it into being and do not understand what is the way to its creation. Their wits are bewildered and wandering. Their powers fall short and fail, and return disappointed and tired, knowing that they are defeated and admitting their inability to produce it, also realizing that they are too weak (even) to destroy it."1

Quran emphasizes that creation of life and death is exclusively done by God:

وَأَنَّهُ هُوَ أَمَاتَ وَأَحْيَا

And that it is He who causes death and gives life. (Quran, 53:44)

The evidence of God's capability in creating life is that he materialized life from nothing and from death.

وَآيَةٌ لَهُمُ الْأَرْضُ الْمَيْتَةُ أَحْيَيْنَاهَا وَأَخْرَجْنَا مِنْهَا حَبًّا فَمِنْهُ يَأْكُلُونَ

And a sign for them is the dead earth. We have brought it to life and brought forth from it grain, and from it they eat. (Quran, 36:33)

The ownership of life and death, as the most complicated phenomena of life also belongs to God:

وَهُوَ الَّذِي أَحْيَاكُمْ ثُمَّ يُمِيتُكُمْ ثُمَّ يُحْيِيكُمْ ۗ إِنَّ الْإِنْسَانَ لَكَفُورٌ

And He is the one who gave you life; then He causes you to die and then will [again] give you life. Indeed, mankind is ungrateful. (Quran, 22:66)

Note

1.Nahj al-Balaghah , Sermon 185.

The Importance of Human's Right to Life in Islam

In the Islamic approach, life is a divine gift and bestowment to every individual. It has priority and is heading all the human rights. It would be useless and meaningless to talk about any rights before this right has been provided for a society's individuals.

The fundamental of the value of the human life, is the value of human's existence as well as malice and viciousness of killing (assault on man's life).

Therefore killing a person is not considered assault on a man's life, but a murder and assault on the reality of humanity and fading away viciousness and indecency of murder.

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ

Because of that, we decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. (Quran, 5:33)

The sanctity for a man's blood is underlined so emphatically in Islam that the value of life and death of an individual equals to the value of life and death of all mankind. The Holy Prophet (S) in his farewell sermon in the last year of his life in Mena, before a crowd of Muslims, while emphasizing on the right of individuals and sanctity for their blood, said: "O people, you have to respect each other's life until the Resurrection Day."1

Moreover, in another occasion, talking about the significance of regarding the human life, he has said, "Before God murdering a believer is worse than destroying the whole world.”2

Again in another occasion he said: "If the residents of the Heavens and the Earth conspire (as accomplices to collaborate) to collectively shed the blood of a believer, God will throw all of them into the fire of hell.…"3

Of course it should not be misunderstood that sanctity of a man's life is exclusively for Muslims, that Islam has not drawn a line for a non-Muslim's life. A non-Muslim's life is honorable and respectable, too, as long as he refrains from involving in opposition or conspiracy against Muslims or an Islamic government.

As the Prophet (S) said, "He, who gives somebody a chance to live (in his blood) and then kills him, he will be subjected to the fire of hell.”4

Notes

1.Sireye Ibn Hesham , vol. 2, page 63.

2.Kanz al-Ummal , Vol.15.P.19.

3.Kanz al-Ummal , vol. 15, page 19.

4.Kanz al-Ummal , Vol.4, P.366.

Safeguarding the Right to Live

Safeguarding one's and others' lives is among the great divine practices and is considered a Muslim's duty.

Every Muslim must in addition to safeguarding his life, defend another man's life when subjected to assault, particularly if that man is one of the oppressed and weak ones.

It is the duty of societies and governments to ensure and guarantee the right to life for all the people. Not only must they safeguard this right but also defend their citizens before any violation upon men's lives. And it is not allowed to kill anybody without a legal permit.1

Safeguarding the continuation of mankind's life, as far as God has destined, is a legal duty.2

The reason why Islamic law holds the life of one person equal to that of entire mankind,3 is that safeguarding the life of a man and continuation of birth generations depend on safeguarding the life of each individual. Obviously each individual has the responsibility to protect his own life first, as a priority.

In addition to the sanctity of man's blood other qualities and factors which define a man's character are equally respected and considered by Islam.

The sanctity of a Muslim's property and reputation in Islam is as important as his life. Actually because human dignity is the same as the reality of humanity which distinguishes mankind from other creatures.

In the Islamic legal system right to life is not just a right for man, but since a life is a divine bestowment, it creates the right to enjoy this gift for a man. On the other hand it makes him responsible to provide necessary means to safeguard this right and also to keep under consideration (health, feeding, etc) as the essential means that makes this right last.

Thus, the right to life is a divine trusteeship entrusted into the human hands and he must shoulder the responsibility of safeguarding it. That is why it is forbidden for a man to commit suicide (deprive oneself of life) or to damage his body or spirit.

Notes

1. Declaration of Human Rights in Islamic Law, Article 2, A.

2. Declaration of Human Rights in Islamic Law, Article 2, J.

3. Quran, 5:31, 32.

Various Types of Life in Islam

Contrary to other legal systems, in the Islamic legal system, when you talk about right to life it does not only refer to the physical life.

Although compared to other creatures, great significance is attached to mankind's physical or material life and its rank is higher than that of animals and plants, man's spiritual life deserves more significance. It enjoys a much higher rank. The Holy Quran refers to it as 'Hayate Tayyebeh ':

مَنْ عَمِلَ صَالِحًا مِنْ ذَكَرٍ أَوْ أُنْثَىٰ وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً ۖ وَلَنَجْزِيَنَّهُمْ أَجْرَهُمْ بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ

Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.(Quran, 16 :97)

A good life is what makes human discrete from other creatures. It is a sign of man's merit compared to the other creatures, because access to the spiritual life is only possible by mankind. Other creatures do not benefit from it. The importance of man's material life and the reason for equalizing it to the life of all mankind is that God determines right to life for each individual so that while enjoying this divine gift and benefiting from talents bestowed upon him, man can continue the evolution and development toward spiritual perfection aimed at achieving the spiritual life.

Thus, killing a man and depriving him of his life means violation of 'reality of mankind' which is a divine gift and is considered the grounds for transcendental perfection of mankind. In the eyes of Islamic school of thought a man not only enjoys the right to material life, he also has the right to live in a cleansed society free of corruptions and free of uncontrolled moral behavior, no intrigue, so that he can improve himself spiritually. Obviously safeguarding his spiritual life is as important as protection of his material life which has been stressed by Islam.1

Note

1. Declaration of Human Rights in Islamic Law, Article 17.

Depriving One of Life is Prohibited

Violation on others' life and depriving an individual of his right to live, in the eyes of Islam is the biggest sin. The Prophet of Islam (PBUH) said: "Seeing the destruction of the world is easier for God than seeing a believer being murdered."1

Islam promises a killer to stay in hell perpetually:

وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا

But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. (Quran, 4:93)

Furthermore, in the Islamic law, the punishment for killing someone without a legal permit in this world is execution. The Holy Quran says:

وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ ۗ وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًا فَلَا يُسْرِفْ فِي الْقَتْلِ ۖ إِنَّهُ كَانَ مَنْصُورًا

And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]. (Quran, 17:33)

One of the outstanding characteristics of the Islamic law was a serious fight against the inhuman act and tradition of burying their infant daughters alive. Before the advent of Islam, the girls used to be buried alive. But at the advent of Islam it was immediately banned. As Islam being strictly against it, protested and firmly fought against this savage vicious crime.

The Holy Quran says: ‘Those who buried these girls alive will be interrogated on the Resurrection Day. They will be asked: Which sin had they committed to deserve death?”2

Another vital point is that the Islamic law attaches great significance not only to the adults' lives but also to children's right to life.

This verse of the Holy Quran is indicative of the significance of this reality:

وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ ۖ نَحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ ۚ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا

… And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. (Quran, 17:31)

Another issue is that if there are some accomplices who conspire and commit a murder together, this does not alleviate or lessen the burden of the crime or the sin of the killers. The Prophet of Islam (S) said: "Cooperation in killing no matter to what extent will cause disappointment and distance from God's mercy on the Resurrection Day."3

Once, during the Prophet's time, a man was killed in the city of Medina by a group of people. No certain individual was identified as the killer. So as soon as the Prophet (S) heard the news, he rushed to the mosque to speak and announced:

"If all the residents of Heaven and Earth participate in killing a human, they will all suffer punishment.”4

Also forbidding murder and depriving a person of life, is not exclusively allocated to Muslims, but anyone living under the umbrella of an Islamic government enjoys this right, but as long as they do not intend to overthrow the Islamic state to fight against it. Thus, their blood, property and lives will benefit from this sanctity and thus, will benefit from the Islamic state's protection. Thus, the Prophet (S) said: "God will forbid (going to) the Heaven for he who kills a sinner."5

The Islamic ruling against murder is so strict that even if someone gives shelter to a murderer, he will face strict and severe blame. The Prophet (S) said: "He who gives shelter to a killer or someone who causes or paves the way for a murder, he will be condemned by God.”6

This point is also remarkably important in regards to depriving others of their lives: in the Islamic law reluctance or compulsion does not justify the act of murder. Therefore if someone is threatened to be killed should he refuses to commit a murder, his crime is not justifiable. The threatened person has no right to kill another person, just to rescue himself from death, as the value of all men is the same and has sanctity. But the opposite is better, as the Prophet (S) was quoted as saying: "If you are in a situation where you can prevent a believer, who says his prayer, from being killed by you (otherwise you would lose your life), you must prefer to be killed than commit this crime."7

As repeatedly seen in the history of the holy wars at the advent of Islam, some self-sacrificing men during the war sacrificed their own lives by giving their very last date to their comrades in the warfront who were starving to death to rescue them. Thus they were honored to be martyrs.

Notes

1. Declaration of Human Rights in Islamic Law, Page 24.

2. Quran, 81: 8, 9.

3. Human Rights in Islamic Law, P.44.

4. Islam and the Human Rights, P.490 and Human Rights in Islamic Law, P. 44.

5. Islam and the Human Rights, P.491.

6.Wasa'il al-Shi'ah , vol. 19, p.15.

7.Kanz al-Ummal , Vol.15, P.22.

The Law of Retaliation, Guaranteeing Man's Survival

The importance of survival and continuation of mankind's life in the Islamic law is so much that in order to safeguard it the law of retaliation has been legislated as a guarantee for mankind to survive.

The philosophy of legislation of the law of retaliation andDieh (blood money) in Islamic law is to safeguard man before unlawful violation and intrusion of individuals upon life and wellbeing of others to prevent bloodshed in a society.

وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ

And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous. (Quran, 2:179)

This law prior to advent of Islam has also been ruled in the Torah (the Holy book of Judaism). Then it was expressed by Islamic law in a more complete form.

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ

And we ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him expiation. (Quran, 5:45)

But in the eyes of Islam, retaliation never means vengeance or equal retaliation to shed blood against bloodshed, but deciding a proportionate punishment so that (other) people will be considerate about the sanctity of each other's lives and to avoid murder. If you pay attention to the cases of retaliation and its philosophy (for existence) then any skepticism, doubt or suspicion about this advanced Islamic decree will be erased from your mind.

Execution of a retaliation decree In Islam is dependent on a few things:

• If the killer was in a sound mental health condition

• If it was deliberate

• The victim's immediate family won't agree to replace the actual punishment with money or pardon of the killer.

Otherwise retaliation decree for the killer who due to insanity or mental disorder or if deprivation of life is not deliberate due to an error or any condition in which the killer can be subject to pardon or substitution with financial payment as a reimbursement, then a retaliation decree will not be executed.

وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً ۚ وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَنْ يَصَّدَّقُوا

And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. (Quran 4:92)

When a retaliation decree is executed, individuals will be less likely to commit murder and sanctity of mankind will be safeguarded.

Abortion is Forbidden

Protection of man's life is not limited only to postnatal life in Islam, but it also includes the life of an embryo. In the eyes of Islam life during the prenatal life (embryos) and even before an embryo is formed is subject to protection. Depriving an embryo of life through abortion is a crime and a sin. And he who commits this crime is entitled to punishment. The existence of mankind starts since joining of two primary cells. Therefore, according to The Holy Quran destruction of it at any stage means depriving mankind of life

Islam does not allow abortion for the purpose of birth control (except in some exceptional or emergency cases). For the life of an embryo in every stage of evolution/perfection, since the time a sperm is placed inside a woman's uterus and since the beginning of growth and ultimately developing into an embryo is fully under the protection umbrella of Islam and abortion or destruction of embryo is considered a murder and is unlawful.

In Islam even an embryo which is the result of adultery is protected and abortion is unlawful. In other words you cannot deprive such embryo of life either; just because the sexual intercourse was unlawful it does not justify your terminating the life of the embryo.

Islam does not ban birth control. There is no decree prohibiting a couple to decide to prevent pregnancy. However, once a woman gets pregnant the parents have no right to destroy the embryo which means depriving it of life. Many theology scholars argue that once an embryo is formed an independent entity with life is emerged, that apart from a mother independently has the right to have life. And except in emergency cases determined by the Islamic law nobody even the parents have the right to deprive and embryo of life.

Even those Islamic scholars who have considered the embryo a part of a mother's body still argue that nobody has the right to cut any part of her body and therefore a mother is not allowed to have abortion operated on her. Apparently if the crime of abortion is committed by a third party (other than the parents), even it is not done deliberately, still her/his action is a sin, which entitles her/him to punishment both in this world and the Resurrection Day.

Depriving Oneself of Life is Forbidden (Sanctity of One's Life)

A remarkable point in the subject of "right to life" is Islamic law is banning suicide. The Holy Quran explicitly prohibits individuals from depriving themselves of life.

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ وَلَا تَقْتُلُوا أَنْفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا

…. and do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful. (Quran, 4:29)

In the eyes of Islam a person's body, soul, and life belongs to God. He is the one who gives life and whenever he decides he can take it back. Since the goal of creation and giving life to mankind is his achieving perfection and felicity, therefore and in reality suicide means a retreat from achieving perfection and also a decline and downfall into the valley of failure and loss of mankind.

The Prophet (S) was quoted as saying: "Whoever commits suicide by means of some instrument, he will be tormented on the Resurrection Day by the same tool."1 Also according to another narration he has been quoted as saying: "If someone suffocates himself he has put himself in the hell fire and he who hits himself by a spear is in fire."2

You should know that sin of killing oneself is Islam is absolute, the same way that killing others is a sin, committing suicide is also a sin and unlawful. Depriving yourself of life is one of the major sins. The Holy Quran has promised severe punishment for the individual who terminates his own life:

وَمَنْ يَفْعَلْ ذَٰلِكَ عُدْوَانًا وَظُلْمًا فَسَوْفَ نُصْلِيهِ نَارًا ۚ وَكَانَ ذَٰلِكَ عَلَى اللَّهِ يَسِيرًا

And whoever does that in aggression and injustice - then we will drive him into a Fire. And that, for Allah, is [always] easy. (Quran, 4:30)

There are different motives for suicide including: Weak religious beliefs, weak spirituality and religious ethics, excessive tendency or eagerness toward material things including all worldly demands, Insanity (mental disorder), and intolerable physical illness.

None of the aforementioned factors or reasons is justifiable in the eyes of Islam for committing such a great sin. But any goodness or evil (vicious) a man faces during his lifespan stems from a good or an evil deed which is the reward or punishment of that deed. Or it could be a test by God. If Man faces such difficulties he must be patient and must tolerate them, and should choose reform and gratitude. The Holy Quran invites the believers to tolerate with assiduity, patience and endurance.

يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَاةِ ۚ إِنَّ اللَّهَ مَعَ الصَّابِرِينَ

O you, who have believed, seek help through patience and prayer. Indeed, Allah is with the patient. (Quran, 2:153)

Thus, the divine religions, particularly Islam, severely oppose Euthanasia and consider it a way of suicide. Apparently, Euthanasia for a person suffering from an incurable illness is ignoring human dignity and mankind's supreme life value. Both non-voluntary (non-voluntary Euthanasia) and emergency death (desperate Euthanasia) are considered unlawful according to Islam law.

Thus not only the killed patient will suffer his punishment but also the person who according to his own demand (his diagnosis) actually commits such kind of killing will be punished as a murderer. Thus, it does not matter if the killed patient had announced his willingness or agreement before death.

As a patient's agreement does not help in any way in lessening the crime, there is no difference whether or not he has agreed. So one's act of Euthanasia is subject of unlawfulness of a murder.

The Prophet (S) was quoted as narrating the following story: "Once there was a man whose hand was wounded. The pain was so severe and intolerable that he cut his hand and then died of blood loss. Then God said he preceded me in taking his life. That is why I announce that he is deprived of heaven."

Notes

1.Sonane Darmi , Vol.2, P.192.

2.Kanz al-Ummal , Vol. 5, P. 35.

Permitted Cases to Deprive Oneself of Life in Islam

Although, in the eyes of Islam, the right to life is considered a divine gift and the most important inherent right of mankind and thus safeguarding it is a divine duty for both the people and the state. Using any tools that can totally or partially destroy the source of mankind, is banned and unlawful.1

But we must not misunderstand that the right to life in Islam is absolutely without any exceptions. This right enjoys sanctity as long as the life of another man is not endangered. Or perhaps there is a more important necessity aimed at perfection of mankind which, as an exception, might call for termination of somebody's life.

The followings are brief cases of such exceptions:

A- Retaliation decree: As explained before, in the eyes of the enlightening religion of Islam retaliation is not merely depriving the killer of his life, but the philosophy of its legality is countering unlawful violation of mankind's right to life, so it is a guarantee to the survival of mankind. Additionally, retaliation in fact is a just and fair punishment and a conventional practice. The execution of retaliation would relief the public's Conscience which was wounded and not at ease because of a murder.

B-Abortion if urgency calls: As explained in details previously Islam does not only protects right to postnatal life but also prenatal life (since the earliest stage of formation of embryo in a mother's uterus.)

In the eyes of Islam life during the prenatal life (embryo's) and even before an embryo is formed is subject to protection. Depriving an embryo of life through abortion is a crime and a sin. And he who commits this crime is entitled to punishment. And deprivation of life will not be lawful unless due to a proper justification.

But sometimes it is possible that the continuation of pregnancy would be endangering a mother's life or health or might cause extraordinary difficulties for the mother. Should urgency rise and in the above cases abortion is allowed as an emergency as considered the priority, and so the life of an embryo can be terminated. Also if an embryo is found dead in the uterus of a mother, abortion would be allowed.

C-Fighting against God and the Prophet and the corruption on the Earth: In Islam a man who practically tries to stand against God and oppose an Islamic system is considered a belligerent and corruption on the Earth. A punishment has been defined and determined for him. To what extent should he be punished depends on intensity, type and extent of the measures taken by him: If he has committed a murder he deserves death penalty and execution. The Holy Quran says in this issue:

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ

Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment. (Quran, 5:33)

Apparently committing such deeds which (threatens and) infringes upon the security of the general public and creates fear in people, in proportion to the extent to which he has acted, would be followed by the punishment of the convict.

Note

1. Declaration of Human Rights in Islamic Law, Article 2, B.