Self defense in Islamic law

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This Code is a Waqf-trust- for the benefit of Muslims and Non-Muslims.

Statement of Purpose and Copy Rights

This Code is a Waqf-trust- for the benefit of Muslims and Non-Muslims. Any person or entity may copy, use, print, or publish this code in full or in part. However, no one is allowed to claim the copyright of this code to the exclusion of others.

States’ Parliaments may contact the author for a consultation free of charge. The author is willing to travel anywhere to meet Parliament members and State officials to offer free consultation. No fee or payment of expenses is required.

The author invites Muslim Scholars to cooperate to enhance this model penal code either in length or in quality.

Author contact: islamicmodelpenalcode@gmail.com

Important Remarks

This Model Penal code focuses on Hudud, Qisas and a few examples of Ta’zir offenses. Rules of evidence naturally are not addressed in this code. However, it is vital to emphasize a few rules of evidence. The burden of proof in Hudud and Qisas offenses is beyond all doubt. Any doubt precludes the punishment of Hudud and Qisas. A legislature should enact parallel offenses-to Hudud and Qisas offenses- under Ta’zir category with a less rigid standard of proof. For example, a legislature should enact intentional homicide offense under Qisas category punishable by the death penalty. Death penalty may be imposed only if all Islamic requirements of proof are satisfied including two credible Muslims witnesses to the homicide -if the defendant is a Muslim- and there is no doubt whatsoever that the defendant has committed the crime. Also, the legislature should enact another offense of intentional homicide, under Ta’zir category of offenses, punishable by a less severe punishment than the death penalty, a term of imprisonment for example, if the Islamic rules of evidence for Qisas offenses are not satisfied. For example, if there is a trivial doubt that the defendant has committed homicide, he shall be convicted of intentional homicide punishable by imprisonment, because the Islamic rule of evidence holds that any doubt precludes the prefixed punishment for Hudud and Qisas offenses. Similarly, a person charged with theft may be punished under Ta’zir category if there is a trivial doubt because such a trivial doubt is sufficient to preclude the punishment of theft under Hudud category of offenses.

Exculpatory rules in Hudud and Qisas offenses shall be constructed broadly in a manner that minimizes the liability under Hudud and Qisas. However, this policy may not be followed in Ta’zir offenses.

Parliament may legislate Ta’zir offenses as needed, guided by the general rules of Islamic jurisprudence and, in particular, jurisprudence of Hudud and Qisas offenses. This code lists a limited number of Ta’zir offenses as examples.

 

Self defense in Islamic law 

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