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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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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: IIUM PRESS 2017
Subjects:
K Law (General)
KBP Islamic Law
KD England and Wales
Online Access:http://irep.iium.edu.my/61164/1/Right%20of%20Private%20Defence%20Against%20Mukallaf%20-%20IIUMLJ.pdf
http://irep.iium.edu.my/61164/
http://iiumpress.iium.edu.my/bookshop
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spelling my.iium.irep.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 REM 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
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
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/61164/1/Right%20of%20Private%20Defence%20Against%20Mukallaf%20-%20IIUMLJ.pdf
http://irep.iium.edu.my/61164/
http://iiumpress.iium.edu.my/bookshop
_version_ 1643615946162569216
score 13.19449

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