The Human Right to Self-Defense: An Islamic Legal Perspective

Abstract

Islamic Shariah recognizes and safeguards a wide range of fundamental rights and freedoms, some of which have not been explicitly addressed by international human rights law or by international conventions concerning civil, political, economic, social, and cultural rights. Among these are the rights of orphans, inheritance rights, and the individual's right to self-defense. This study focuses on the latter, as Islamic law accords significant importance to the right of an individual to defend oneself or others against any imminent and unlawful danger. It also affirms the right to protect one's own honor and the honor of others, as well as the right to safeguard one's own property or that of others from unlawful aggression by employing only the necessary force required to repel such aggression.In Islamic jurisprudence, lawful self-defense is broadly classified into two categories: (1) private lawful defense, commonly referred to as repelling an aggressor (dafʿ al-ṣāʾil), and (2) public lawful defense, embodied in the principle of enjoining good and forbidding evil (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar). This paper examines both categories from the perspective of Islamic law, highlighting their legal foundations, scope, and objectives in preserving life, honor, and property.

Keywords: Islamic Shariah, Human Rights, Self-Defense, Repelling an Aggressor, Enjoining Good and Forbidding Evil, Protection of Life, Property Rights, Honor