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Volume :36 Issue : 127 2021      Add To Cart                                                                    Download

The rule of surrendering to murder in an unjust way - A Comparative Jurisprudential Study

Auther : Prof. Walid Khaled El Rabie

Islamic law has decided on self-preservation. From the texts which have talked about murder is the saying of Allah, the Exalted, about son of Adam, Peace of Allah be upon him, that he had said to his brother: “If you do stretch your hand against me to kill me, I shall never stretch my hand against you to kill you (mankind, jinn, and all that exists). The outward meaning of this verse refers to the permissibility of surrendering to murder unjustly. Outwardly, this contradicts with the legal texts which permit self-defense. Therefore, jurists have differed: Is self-defense is a legal duty on the injured party and is not permitted to him to assign of or is it a legal right he may assign of? The research aims to remove the ambiguity from this Glorious Verse, stating the correct understanding of, the rule of surrendering to murder unjustly, the jurists’ doctrines in that and the preponderant opinion and demonstrating the conditions of non-ensuring of the aggressor in case of damage due to self-defense. The researcher has followed the comparative inductive and deductive approaches through a study of the case as a comparative study. It has been reached some chosen rules from which is that it is not permissible to surrender to murder in an unjust way and the self-defense is a legal duty towards the legally responsible with its conditions. If the man had defensed about himself, then, the aggressor’s soul has been damaged or some of its organs, there would have been no liability on the self-defensed party at all. There are conditions for slipping the aggressor’s ensuring that ensure safeguarding people’s rights and preventing from covering-up under the principle of the legal defense for assaulting the blood, honor and funds
Key words: Surrender- Murder- Defense- Self- injustice

 

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