حق الدفاع عن النفس في الشريعة الإسلامية و القانون العراقي

Abstract EN

1- Thankfully the owner Judge and peace and blessings be upon our Prophet who calls to best religions and all his valued companions and their faith and believe approach.

2- The Islamic legislation legalized act the defense for self-defense or the money nor anything, but it considered facing the danger for self and money the duty of every Muslim must be done even if he had to kill the aggressor nor guilt him such as punishment or material compensation as may use the right of legitimate defense against mad and child , though both are exempt from punishment.

3- The legitimate defense is not a punishment against the aggressor, but is defense against his aggression, and this is consistent with what he sees as most of the scholars of the law based on necessity case .

4- Required for self-defense conditions must be offered so that the victim is in the case of defense, of which there will be a clear case of an assault to take the initiative to understand it is not the victim would have to wait aggressor assault, But to get it to Initiates the criminal to prohibit as long as his show that will assault off or postponed nor threatened him, it was not immediately he did pick it is not a defense, but attack, defense is dictated by necessity, it is possible to pay the danger by other means is the defense must use the without neglecting relied upon, but he considered as aggression when he pays assault.

5- As well as to stop assault by necessary for response force, which does not resort to force only to the extent necessary, not a necessity in the heaviest with the possibility of collecting meant the easier option in application of the rule (of necessity should not be exaggerated) and this is what the text of the Iraqi Penal 6- If the defender used strength power than spend necessary to face the attack so he will be responsible for doing that exceeded its defense end, which is in accordance with Iraqi law to pay abuse its discretion in most think, beginner lighter and lighter if possible, namely that the act of murder is not permissible only if the required and necessary to stop for the risk the case on the same defender or otherwise it would be responsible