An Analytical Review of Islamic and International Laws on Civilian Right to Life and Human Dignity

Abstract

Right to life and Human dignity are among the cardinals of fundamental human rights provided for by the major legal systems in the world. Thus, unnecessarily taking of human soul and inhumane and degrading treatment is totally condemned by the world major legal systems. Feasible measures should always be taken by the parties to a conflict in order to avoid loss of civilian lives and injury to their persons. Any indiscriminate attack against civilians would certainly amount to a violation of their fundamental human rights. However, civilians forfeit their fundamental human rights (particularly rights to life and human dignity) if for instance they violate the rules governing the conduct of hostilities or by simply participating in the hostilities. Participation of civilian in hostilities is indeed one of the factors that can always blur the dividing line between an actual civilian and a combatant. But the extent of the participation according to Islamic and International laws is always controversial. It is therefore against this backdrop that the paper reviews and analyzes the Islamic and International laws relating to civilian rights to life and human dignity.