The concept of self-defence in Islamic jurisprudence

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 school...

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Main Authors:	Owaydhah, Khalid A., Mohamad Yunus, Mohamad Ismail
Format:	Article
Language:	English
Published:	University Publications, USA 2017
Subjects:	K Law (General) KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KD England and Wales
Online Access:	http://irep.iium.edu.my/56736/ http://irep.iium.edu.my/56736/ http://irep.iium.edu.my/56736/7/56736_The%20Concept%20of%20Self-Defence_complete.pdf

id	iium-56736
recordtype	eprints
spelling	iium-567362018-02-04T11:15:16Z http://irep.iium.edu.my/56736/ The concept of self-defence in Islamic jurisprudence Owaydhah, Khalid A. Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KD England and Wales 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. University Publications, USA 2017-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/56736/7/56736_The%20Concept%20of%20Self-Defence_complete.pdf 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 http://www.universitypublications.net/ijas/0904/index.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KD England and Wales
spellingShingle	K Law (General) KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KD England and Wales Owaydhah, Khalid A. Mohamad Yunus, Mohamad Ismail The concept of self-defence in Islamic jurisprudence
description	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.
format	Article
author	Owaydhah, Khalid A. Mohamad Yunus, Mohamad Ismail
author_facet	Owaydhah, Khalid A. Mohamad Yunus, Mohamad Ismail
author_sort	Owaydhah, Khalid A.
title	The concept of self-defence in Islamic jurisprudence
title_short	The concept of self-defence in Islamic jurisprudence
title_full	The concept of self-defence in Islamic jurisprudence
title_fullStr	The concept of self-defence in Islamic jurisprudence
title_full_unstemmed	The concept of self-defence in Islamic jurisprudence
title_sort	concept of self-defence in islamic jurisprudence
publisher	University Publications, USA
publishDate	2017
url	http://irep.iium.edu.my/56736/ http://irep.iium.edu.my/56736/ http://irep.iium.edu.my/56736/7/56736_The%20Concept%20of%20Self-Defence_complete.pdf
first_indexed	2023-09-18T21:20:07Z
last_indexed	2023-09-18T21:20:07Z
_version_	1777411825104584704

The concept of self-defence in Islamic jurisprudence

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