الرافدین للحقوق (Jun 2024)

Legitimacy of defending the law

  • Talal AL-Badrani,
  • Mohammad Fadhil

DOI
https://doi.org/10.33899/arlj.2024.147449.1316
Journal volume & issue
Vol. 26, no. 87
pp. 165 – 189

Abstract

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Automated Self-defense refers to the use of means that operate automatically when the place to be protected is exposed to danger. Whether it is to protect the place and its material contents or to protect individuals inside the place, which is feared that the machine will exceed the rule of proportionality to the danger. Jurisprudence had its scientific vision in that, as the majority of Islamic jurisprudence permitted these means because they did not differ in any way from repulsing an attacker, while legal jurisprudence was divided among them who supported automatic defense as an extension of legitimate defense as an eternal natural right, and viewed the operation of the machine in times of danger while interpreting the immediate danger in a broad manner. Which has been settled by the judiciary in some countries.

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