Duress and its legal consequences in Islam
Individuals either act with their choice and with intention, or because of their habit without having any intention, or by mistake. Sometimes they also act due to duress or being forced by others without having choice and real intention. Now the question arises: will a person be legally responsibl...
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| Main Author: | |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Islamic Business School, Universiti Utara Malaysia
2023
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| Online Access: | http://irep.iium.edu.my/102900/1/102900_Duress%20and%20its%20legal%20consequences%20in%20Islam.pdf http://irep.iium.edu.my/102900/ |
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| Summary: | Individuals either act with their choice and with intention, or because of their habit without having any
intention, or by mistake. Sometimes they also act due to duress or being forced by others without having
choice and real intention. Now the question arises: will a person be legally responsible for the actions that
he does due to being forced by another person? Islamic law provides the answer to this question through
considering the types of actions done by the above person and categories of coercion used by the coercing
person. Analyzing the Qur’anic verses, ahadith of the Prophet (pbuh) and opinions of Muslim jurists, this
paper aims to discuss the concept and categories of duress. Likewise, it intends to investigate how these
categories of coercion lead to some Islamic legal consequences based on the types of actions done by
the coerced person. An important finding of this research is that in the incomplete duress, if a compelled
person complies to the order of the compeller and commits a forbidden action, he will be completely
responsible for his action. On the other hand, in the complete duress, if a compelled person complies to
the order of the compeller and commits a forbidden deed, he will be responsible for his action in some
cases, such as killing and committing zina, but in some other cases such as doing a deed of kufr, he will
be not responsible. |
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