The Right to Life, Security, Privacy and Ownership in Islam
Mohammad H Kamali
Islamic Texts Society, Cambridge UK
Paperback 288 pages: 288
size: 234 x 156mm
Published: June 2008
ISBN: 978-1-903682-55-5

A person’s right to life, personal security, privacy, and ownership are the most basic of all the fundamental rights and liberties and are of concern to all legal systems and traditions. To address them side by side with one another, as is attempted in the present volume, is reflective of their natural priority and significance. These rights are simultaneously the most vulnerable to aggression and abuse.

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

The second of the rights discussed is the right to security and this includes: the security against unlawful arrest, the right to fair treatment, the right to counsel, freedom from aggression and torture.

The third right is that of privacy and is mainly concerned with the privacy of one’s home, confidential correspondence, and immunity against invasion of privacy in the forms of interception of correspondence, eavesdropping and other such violations.
Finally, the discussion of the right of ownership includes the four aspects of ownership in Islam, legitimate and illegitimate means of acquisition of ownership, and the restrictions that the Sharia imposes on the exercise of this right including taxation, inheritance and bequests.

Dr Mohammad Hashim Kamali  is  Dean of the International Institute of Islamic Thought and Civilization (ISTAC) and Professor of Law at the International Islamic University Malaysia where he has been teaching Islamic law and jurisprudence since 1985. Among his other works  are: Islamic Commercial Law, Freedom of Expression in Islam, The Dignity of Man: An Islamic Perspective, and Freedom, Equality and Justice in Islam. He is  also the author of the well known book:   Principles of Islamic Jurisprudence (which is one of the standard text books on Islamic Jurisprudence)

Table of Contents

Chapter 1:
Right of Life
The Sanctity of Life-Just Retaliation and Blood Money-Modern Law and Practice-The Killer Does not Inherit-Could Death penalty be based on-Suicide-Dueling and Permission to kill-Abortion -Euthanasia
-Euthanasia
-Abandoned Child-Warfare-Concessions Granted to Protect Life

Chapter II:
Right to Personal Security
Definition and Scope-Affirmative evidence-The Principle of Legality-Accusation and Suspicion-Arrest and Detention-The Issue over Beating the Accused-Right to Counsel-Trial and Evidence

Chapter III:
Right to Privacy
Privacy of the Home-Espionage-Private Correspondence-Suspicion-Concealing the privacy of others-Confidential Conversation-Privacy of the deceased person-Restrictions on the Right of
Privacy-An Overview of Modern Law

Chapter IV:
Right of Ownership
Affirmative Evidence-Vicegerency of Man-Definition and Types of Ownership-Acquisition and Means of Ownership-Restrictions on Ownership

Bibliography


Index:


© The Islamic Texts Society 2002