The right of private defense against non-accountable offenders and in defense of the chastity of women under Islamic law

Owaydhah, Khalid A. and Mohd Yunus, Mohamad Ismail (2017) The right of private defense against non-accountable offenders and in defense of the chastity of women under Islamic law. IIUM Law Journal, 25 (2). pp. 257-270. ISSN 2289-7852

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Abstract

The right of self-defense under Islamic law (Shariah) distinguishes between two concepts: private and public defense. In this article, legal and practical manifestations of the contemporary legal issue of private defense in the case of physical assaults made by non-accountable (mukallaf) offenders, such as minors and insane persons are focused. Aside from that, this article also analyses the use of private defense to protect the chastity of a woman. The four conditions to exercise the right of private defense are highlighted. In order to explore the effects of private defense, the significance of keeping the lawful measures and exceeding the right of self-defense are also discussed.

Item Type:	Article (Journal)
Additional Information:	1688/59393
Uncontrolled Keywords:	private defense, non-accountable, minor, insane person, woman, maqasid al-shariah
Subjects:	H Social Sciences > HQ The family. Marriage. Woman > HQ1101 Women. Feminism K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	04 Jan 2018 10:48
Last Modified:	17 Mar 2018 17:20
URI:	http://irep.iium.edu.my/id/eprint/59393

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