الدفاع الشرعي الخاص والعام في الفقه الجنائي الإسلامي

Abstract EN

This research includes a study of the most important reason for permissibility in man-made legislation and before it in Islamic law, which is legal defense, both general and specific, in Islamic criminal jurisprudence.

This is because the wise legislator has permitted the assaulted person to ward off the assault committed on his person, his property, or his honor, or the life, property, and honor of others.

If this leads to the killing of the aggressor, which in Islamic criminal jurisprudence is called “the attacker,” and this is the specific legal defense that transforms the “act” of retaliating the assault from an unlawful act into a lawful act, then a person’s killing of whoever is trying to kill him, assaulting his honor, or robbing him of his money is considered an act.

It is legitimate and does not result in him being held accountable, provided that the act of response is not transgression, and this is what is agreed upon in both Sharia and the law, but Sharia has increased and contradicted the law by permitting general legitimate defense or what is called “enjoining good and forbidding evil,” that is, defending the general interest of Muslims.

By using one of the means specified by the Messenger of God, namely words or actions that may constitute a crime- such as if the words included violence, for example, or the act included the destruction of property, such as spilling wine consumed by a person, or destroying gambling equipment, or forbidden entertainment- then such actions constitute assault.

On other individuals By word or deed, but it is done in the form of enjoining what is right and forbidding what is wrong for these individuals, and then we are dealing with a reason for permissibility for the perpetrators, considering the defense here as a general legal defense for the general interest of Muslims.

In this research, we touched on the study of legal defense in its specific types, or what is called “defending the attacker,” and the general, or what is called enjoining good and forbidding evil, as they are one of the reasons for permissibility in Islamic criminal jurisprudence