LEGALITY OF THE RIGHT TO SELF DEFENCE UNDER ISLAMIC LAW
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Date
2021
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A PUBLICATION OF FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE
Abstract
The purpose of this paper is to delineate and explore the concept of self-defence under Islamic Law as stated in the narration of Sahih Muslim hadith 140. Given this, the current study is purposed to provide comprehensive answers to a series of research questions. Thus, the primary question of research should be formulated as follows: What is the legal basis for self-defence under Islamic Law? To continue, the secondary question of research should be articulated as follows: What are the principles of self-defence under Islamic Law? After everything has been given due consideration, it is necessary to generalise that self-defence under Islamic Law has specific legal basis, specific principles, and peculiarities in their practical application of these principle by different schools of Islamic legal thought. It was ascertained that not only self-defence, but also killing in self-defence. The first and foremost principle stipulates that killing in self-defence is permissible under Islamic Law and neither blood money nor retribution is mandatory if an attacker takes action to kill the defender, while the defender is deprived of any opportunity to escape albeit he has taken strenuous efforts to escape and consequently is forced by the circumstances to kill the attacker by way of defending him/herself or by way of defending his family.
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KWASULJ