Convergence and Divergence in the Interpretation of the Right to Bodily Integrity in Islamic and Contemporary Human Rights: A Comparative Study of Challenging Cases

Document Type : Academicm and Research

Authors

1 Assistant Professor of Law Department,Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran

2 2. Assistant Professor, Department of public law, Faculty of law, modares University, Tehran, Iran

10.22091/csiw.2025.12355.2635

Abstract

The right to bodily integrity is one of the fundamental human rights recognized both in contemporary international human rights law and in the Islamic human rights framework as part of individual rights, closely associated with concepts such as the right to life, the right to health, and the prohibition of torture. Despite this foundational commonality, the interpretation of this right in relation to controversial cases reveals significant areas of both convergence and divergence between the two legal systems. This article, using a descriptive-analytical method and a comparative approach, examines the extent of convergence and divergence in the interpretation of the right to bodily integrity in instances such as non-consensual medical interventions, abortion, suicide, and euthanasia. The analysis, grounded in Islamic jurisprudential sources, international legal instruments, and judicial practices, shows that while convergence exists in principles such as the prohibition of torture and the requirement of consent, there is a clear divergence in specific cases—such as abortion, suicide, and euthanasia stemming from fundamental differences in anthropological and ethical foundations.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 03 November 2025

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