مبدأ التلازم و التناسب في الدفاع المشروع : دراسة مقارنة بين الفقه الإسلامي و التشريع الوضعي

الملخص EN

It is a known fact that both law and Shari’ah authorized to the one who is subject to an immediate and illegal danger that is hurting him or his wealth, to banish this aggression with similar.

One of the most important conditions is the concomitant and proportionality between the aggression and the response to it.

This is our subject in the present research paper, which aims at stating the legal defense basis then at analyzing its elements and the regulating provisions especially the defense and in particular, in estimating the proportionality and the standard to be followed to adapt the legal defense situation.

In our study, it was necessary for this paper to be divided after the introduction into two axes; the first one is dealing with the aggression conditions and the second is dealing with the defense conditions in the dispositive legislation and Islamic jurisprudence.

Then, in the conclusion, we have decided on the most important results: The proportionality between defense and aggression, which does not mean absolute proportionality and the standard of proportionality is objective without neglecting the personal standard which the judge case estimation.