Hak untuk Hidup dan Hukuman Mati: Respons Syariah terhadap Perundangan Antarabangsa

The Right to Life and the Death Penalty: The Shariah Response to the International Law

Abstract

The right to life is one of the fundamental aspects of human rights. Without this right, people risk losing other rights, such as freedom of religion, freedom of speech and opinion, freedom of movement, property ownership rights, and many more. Protecting the right to life is foundational to the building of civilisation, without it, it is impossible to sustain a civilised culture and achieve technological advancement. Hence, jurists and philosophers are unanimous in considering this right to be inalienable and non-negotiable. While Syariah recognises the right to life of each and every human, it also posits that humankind is the prize of God’s creation. Because humans were created by God, a human’s right to life ultimately belongs to God. For God gives life, and He is the one who takes it back. Therefore, human lives are sacred, according to the Syariah, and it is a crime to take another human’s life without a just cause. In this regard, Syariah has prescribed retaliation (qisas) that prescribes the death penalty for intentional murder. This article examines the human right to life from both perspectives of Islam and the Federal Constitution. It also analyses the position of the death penalty in the legal context in Malaysia and the Shariah’s view. This paper also examines the demands of international law on the abolition of the death penalty and what the Shariah response is in this regard.