The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law
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,...
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IIUM PRESS
2017
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| Online Access: | http://irep.iium.edu.my/61164/ http://irep.iium.edu.my/61164/ http://irep.iium.edu.my/61164/1/Right%20of%20Private%20Defence%20Against%20Mukallaf%20-%20IIUMLJ.pdf |
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iium-61164 |
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eprints |
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iium-611642018-01-02T11:03:00Z http://irep.iium.edu.my/61164/ The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law KD England and Wales 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. Keywords: private defense,non-accountable, minor,insane person, woman, maqasid al-shariah IIUM PRESS 2017-12-31 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61164/1/Right%20of%20Private%20Defence%20Against%20Mukallaf%20-%20IIUMLJ.pdf Mohamad Yunus, Mohamad Ismail (2017) The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law. IIUM Law Journal, 25 (2). pp. 257-270. ISSN 2289-7852 http://iiumpress.iium.edu.my/bookshop |
| 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 KD England and Wales |
| spellingShingle |
K Law (General) KBP Islamic Law KD England and Wales Mohamad Yunus, Mohamad Ismail The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| description |
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.
Keywords: private defense,non-accountable, minor,insane person, woman, maqasid al-shariah |
| format |
Article |
| author |
Mohamad Yunus, Mohamad Ismail |
| author_facet |
Mohamad Yunus, Mohamad Ismail |
| author_sort |
Mohamad Yunus, Mohamad Ismail |
| title |
The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| title_short |
The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| title_full |
The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| title_fullStr |
The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| title_full_unstemmed |
The right of private defence against non-accountable offenders and in defence of the chastity of women under Islamic law |
| title_sort |
right of private defence against non-accountable offenders and in defence of the chastity of women under islamic law |
| publisher |
IIUM PRESS |
| publishDate |
2017 |
| url |
http://irep.iium.edu.my/61164/ http://irep.iium.edu.my/61164/ http://irep.iium.edu.my/61164/1/Right%20of%20Private%20Defence%20Against%20Mukallaf%20-%20IIUMLJ.pdf |
| first_indexed |
2023-09-18T21:26:45Z |
| last_indexed |
2023-09-18T21:26:45Z |
| _version_ |
1777412242347655168 |