Provisions of Private Legitimate Defense in Islamic Jurisprudence and Law Preparation

Abstract

This research aims to study the provisions of private legitimate defense in Islamic jurisprudence and law, and it explained the nature of the legitimate defense in Islamic jurisprudence and statutory laws (man made laws), and it showed the right of the individual to defend the aggressor with the necessary force to defend himself when he was subjected to illegal assault, whether from self, offer or money, This is what is known in Islamic law as defending the attacker, and in statutory laws as legitimate defense, Islamic law preceded statutory laws in permitting it and regulating its rules, And it guaranteed the person who is assaulted, repelling this attack, provided that he does not continue to respond so that it does not exceed what is permissible legally, which was also approved by statutory laws, including Yemeni law. And what it was expressed in proportion and correlation between the attack and the response of the attack. In writing this research, I relied on the fundamental, analytical and comparative approach, and it concluded with several results and recommendations. The most prominent of these results is that private legitimate defense is an inherent right approved by Islamic law, as well as statutory laws. It is also one of the reasons for lifting criminal liability from the defender. This study included three demands according to the research plan.