Duress and its legal consequences in Islam
Individuals either act with their choice and with intention, or because of their habit without having any intention, or by mistake. Sometimes they also act due to duress or being forced by others without having choice and real intention. Now the question arises: will a person be legally responsibl...
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Islamic Business School, Universiti Utara Malaysia
2023
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my.iium.irep.1029002023-03-07T00:58:55Z http://irep.iium.edu.my/102900/ Duress and its legal consequences in Islam Amanullah, Muhammad BPK Islamic law. Shari'ah. Fiqh Individuals either act with their choice and with intention, or because of their habit without having any intention, or by mistake. Sometimes they also act due to duress or being forced by others without having choice and real intention. Now the question arises: will a person be legally responsible for the actions that he does due to being forced by another person? Islamic law provides the answer to this question through considering the types of actions done by the above person and categories of coercion used by the coercing person. Analyzing the Qur’anic verses, ahadith of the Prophet (pbuh) and opinions of Muslim jurists, this paper aims to discuss the concept and categories of duress. Likewise, it intends to investigate how these categories of coercion lead to some Islamic legal consequences based on the types of actions done by the coerced person. An important finding of this research is that in the incomplete duress, if a compelled person complies to the order of the compeller and commits a forbidden action, he will be completely responsible for his action. On the other hand, in the complete duress, if a compelled person complies to the order of the compeller and commits a forbidden deed, he will be responsible for his action in some cases, such as killing and committing zina, but in some other cases such as doing a deed of kufr, he will be not responsible. Islamic Business School, Universiti Utara Malaysia 2023 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/102900/1/102900_Duress%20and%20its%20legal%20consequences%20in%20Islam.pdf Amanullah, Muhammad (2023) Duress and its legal consequences in Islam. In: 4th International Islamic Business Management Conference 2022, 24th - 26th November 2022, Online Conference. |
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BPK Islamic law. Shari'ah. Fiqh Amanullah, Muhammad Duress and its legal consequences in Islam |
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Individuals either act with their choice and with intention, or because of their habit without having any
intention, or by mistake. Sometimes they also act due to duress or being forced by others without having
choice and real intention. Now the question arises: will a person be legally responsible for the actions that
he does due to being forced by another person? Islamic law provides the answer to this question through
considering the types of actions done by the above person and categories of coercion used by the coercing
person. Analyzing the Qur’anic verses, ahadith of the Prophet (pbuh) and opinions of Muslim jurists, this
paper aims to discuss the concept and categories of duress. Likewise, it intends to investigate how these
categories of coercion lead to some Islamic legal consequences based on the types of actions done by
the coerced person. An important finding of this research is that in the incomplete duress, if a compelled
person complies to the order of the compeller and commits a forbidden action, he will be completely
responsible for his action. On the other hand, in the complete duress, if a compelled person complies to
the order of the compeller and commits a forbidden deed, he will be responsible for his action in some
cases, such as killing and committing zina, but in some other cases such as doing a deed of kufr, he will
be not responsible. |
format |
Conference or Workshop Item |
author |
Amanullah, Muhammad |
author_facet |
Amanullah, Muhammad |
author_sort |
Amanullah, Muhammad |
title |
Duress and its legal consequences in Islam |
title_short |
Duress and its legal consequences in Islam |
title_full |
Duress and its legal consequences in Islam |
title_fullStr |
Duress and its legal consequences in Islam |
title_full_unstemmed |
Duress and its legal consequences in Islam |
title_sort |
duress and its legal consequences in islam |
publisher |
Islamic Business School, Universiti Utara Malaysia |
publishDate |
2023 |
url |
http://irep.iium.edu.my/102900/1/102900_Duress%20and%20its%20legal%20consequences%20in%20Islam.pdf http://irep.iium.edu.my/102900/ |
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1759689242290683904 |
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13.160551 |