The concept of self-defence in Islamic jurisprudence

Owaydhah, Khalid A. and Mohamad Yunus, Mohamad Ismail (2017) The concept of self-defence in Islamic jurisprudence. International Journal of Arts and Sciences, 09 (04). pp. 209-226. ISSN 1944-6934

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Abstract

The purpose of this paper to delineate and explore the concept of self-defence in Islamic jurisprudence from various perspectives. That is, self-defence is to be scrutinised as both a general concept of Islamic jurisprudence and a specific idea of various schools of Islamic law, such as Sunni schools of Sahfii, Hanbali, Maliki, and Hanafi. Given this, the current study is purposed to provide comprehensive answers to a series of research questions. Thus, the primary question of research should be formulated as follows: What is the legal basis for self-defence under Islamic jurisprudence? To continue, the secondary question of research should be articulated as follows: What are the principles of self-defence under Islamic jurisprudence? The last but not least, the tertiary question of research should be stated as follows: What are the specificities of the practical application of the principles of self-defence by Islamic jurists, judges, lawyers and other participants of the legal process? After everything has been given due consideration, it is necessary to generalise that self-defence under Islamic jurisprudence has specific legal basis, specific principles, and peculiarities in their practical application of these principle by different schools of Islamic legal thought. It was ascertained that not only self-defence, but also killing in self-defence The first and foremost principle stipulates that killing in self-defence is permissible under Islamic jurisprudence and neither blood money nor retribution is mandatory if an attacker takes action to kill the defender, while the defender is deprived of any opportunity to escape albeit he has taken strenuous efforts to escape and consequently is forced by the circumstances to kill the attacker.

Item Type:	Article (Journal)
Additional Information:	1688/56736
Uncontrolled Keywords:	Self-defence, Islamic jurisprudence, Principles, Legal basis.
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh K Law > KD England and Wales
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	04 May 2017 11:54
Last Modified:	04 Feb 2018 19:15
URI:	http://irep.iium.edu.my/id/eprint/56736

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