خلاصة:
Self-defense or legal defense is the ability to repel an imminent and unjust aggression that endangers one's own or another's life, honor, property, or bodily freedom. Self-defense is among the accepted institutions in criminal law which, having a long history, acts as a justifying factor that eliminates the legal element of the committed crime. Self-defense possesses a deterrent power aimed at preventing dangers from which escape is impossible except through the commission of a crime. Among the conditions of self-defense is that: under the circumstances of the attack, the aggression must be actual so that the defense in response to it is legitimate, as indicated by Article 156 of the Islamic Penal Code passed in 2013, which states that one of the conditions of self-defense is the actuality or imminence of the danger. The proportionality of the defense to the attack is the most important aspect and dimension of defense; therefore, the response of the defense must be proportional to the attack. Thus, despite the following conditions, in self-defense, if someone acts to repel an unjust and unjustified aggression and attack, they shall not be punished, and if an accusation is brought against the defender in this regard, the court will investigate this matter and issue an acquittal verdict. Keywords:
ملخص الجهاز:
1) The Islamic Punishment Law enacted in 1982, in which self-defense is stated in Articles 33 and 34: Article 33: "Whoever, in the position of defending their life, honor, reputation, or property, or that of another, or the bodily freedom of themselves or another, against any kind of actual aggression or imminent danger, performs an act that constitutes a crime, shall not be subject to prosecution and punishment if the following conditions are met simultaneously: 1- The defense must be proportionate to the aggression and danger, and 2- Resorting to state forces must not be practically possible without delay, or the intervention of said forces must not be effective in repelling the aggression and danger.
Article 156: "Whenever an individual, in the position of defending their own life, honor, reputation, property, or bodily freedom, or that of another, against any kind of transgression or actual or imminent danger, commits an act that is considered a crime according to the law, they shall not be punished if the following conditions are met simultaneously: A - The committed act must be necessary to repel the transgression or danger.
The issue of attack is also referred to in Article 156 of the Islamic Penal Code passed in 2013, and cases have been enumerated that the law deems defense against them permissible, which includes transgressions against one's own life, honor, dignity, property, or bodily freedom, or that of others, which according to the law, defense against them is legitimate.
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