The Right of Private Defense against Non-Accountable Offenders and in Defense of the Chastity of Women under Islamic Law

  • Khalid Owaydhah Flinders Law School, Flinders University
  • Mohamad Ismail bin Mohamad Yunus Ahmad Ibrahim Kuliyyah of Laws, International Islamic University of Malaysia
Keywords: private defense, non-accountable, minor, insane person, woman, maqasid al-shariah

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.

Author Biographies

Khalid Owaydhah, Flinders Law School, Flinders University

Ph.D Candidate

Mohamad Ismail bin Mohamad Yunus, Ahmad Ibrahim Kuliyyah of Laws, International Islamic University of Malaysia

Assistant Professor at the Department of Legal Practice

 

 

Published
2017-12-31
How to Cite
Owaydhah, K., & Mohamad Yunus, M. I. (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), 257-270. Retrieved from http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/317