Right to Life Under Islamic Law and the Nuances of Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended)

Abstract

The right to life is both sacred and sacrosanct. It is the highest and most important of all the fundamental rights of the Citizen as constitutionally guaranteed 1 .Under the constitutional law, right to life is usually the first right guaranteed by every human rights
instrument because of its fundamental nature. However, a perception exists amongst many scholars and writers of Western orientation that Islamic law, and indeed the religion of Islam in its entirety, are antithetical to the protection of international human rights. Hence, this article appraised the concept of Right to life under Islamic law and the Nuances of section 33 of the Constitution of the Federal Republic of Nigeria 1999(as amended)the aim of which is to make novel contribution in the body of existing literature. This became imperative because as Breiner put it, Islam developed the concept of human rights early in
its legal tradition.2The study adopted the doctrinal research method which involves the use of primary and secondary sources of law. Having appraised the concept of Right to life under Islamic law and the Nuances of section 33 of the Constitution of the Federal Republic of Nigeria 1999(as amended), it was discovered that there is nothing in Islamic law that prevents human rights and if there is, it is due to misunderstandings and wrong interpretations of the law. The article therefore recommended that both Islamic law and constitutional law jurists should adopt an accommodative and complementary approach to achieve the noble objective of enhancing human dignity, fostering an ideal human community, ensuring justice, peace and the general well being of all human beings, which are common aims of both the Shari`ah and international human rights law.