Islamic Law

Islamic Law

A Review of Preemptive Defense from the Perspective of Fiqh and Criminal Law

Document Type : Original Article

Authors
1 Ph.D. Student of Criminal Law and Criminology /Qom university
2 Professor,the Department of Criminal Law and Criminology, Faculty of Law, University of Qom
3 Assistant Department of Criminal Law and Criminology, Faculty of Law, University of Qom.
Abstract
Preemptive defense is a form of self-defense whereby a party claims the right to launch an offensive on a potential opponent before the opponent has had the chance to carry out the attack or in case of an imminent danger. Such defense may be adopted in international conflicts involving members of the global community or in interpersonal conflicts. The present article deals with the legal considerations of preemptive defense as regards Muslim jurisprudence. Prevalence of interpersonal conflicts and cases of aggression in today’s societies has led to the community members’ frequent adoption of such behavior. This type of defense gains further significance when it is feared that a possible attack could lead to a person’s serious injury or bleeding or have the potential to cause loss and damage to property. As no comprehensive research has been done so far on the subject of preemptive defense with regard to the mentioned concepts, the present article adopts a descriptive-analytic approach to peruse the principles of Fiqh and legal laws to find out about Islam’s stance on this phenomenon. The findings indicate that according to Islam, preemptive defense shall be plausible in interpersonal conflicts, under certain conditions, once it is presumed that the enemy has the will to assault. For purposes of defending offenses against the spiritual aspect of a person’s character, however, such defense shall not be acceptable.
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