Islamic Legal Defence and Its Comparison to The Afghan Penal Code

Abstract

The research focuses on the concept of legal defense within Islamic law and its comparison to the Afghan Penal Code. Islamic law and general legal principles grant individuals certain rights, including the right to legal defense. This term, known as the "attacker's payment" according to ancient jurists, encompasses the necessary actions taken to defend oneself, even if it results in the aggressor's death. Additionally, it allows the aggressor to bear responsibility for their prohibited actions, while absolving the defender of any criminal intent. The study addresses the research problem, previous studies conducted, research methodology employed, and subsequently divides the article into four main topics. These topics cover the definition of legal defense in Islamic jurisprudence and law, the origin of its legality in Islamic jurisprudence and positive law, the direct scope of legitimate defense in Islamic jurisprudence and law, and the conditions for its use as outlined in Islamic jurisprudence and law. The research incorporates jurists' opinions and draws comparisons to the Afghan Penal Code to provide a comprehensive analysis of the subject matter.