The Special Legitimate Defense (The Payment of an Al Sael) in the Islamic Jurisprudence (a Study Compared to The Law)

Aim of this Study to clarify what is meant to defend the legitimate private - pay Alsael - and the statement of what it and its legitimacy, the statement of the provisions for self- defense or offer or money, and that the damage or harm anything, and the duty of prevention and response, so that the conservation of these aspects is to preserve the necessities five God Almighty store, which not only by upright life, and to defend themselves or offering or doomed, it is not the responsibility, criminal or civil liability for performing these Alogibh; so that the performance ordered not abide provided safety. In addition to highlighting the superiority of Islamic criminal law provisions, the laws of other human condition. This came this Study in paving and four chapters of the President, where she spoke in the introductory chapter on the five necessities and prestige, and the need for preservation by the presence or scratch, and perhaps legislation provisions and perhaps criminality and punishment, and that over the legislation of the provisions is to investigate the utility, which wanted to worship God , and then talked after that discriminate on the penal system by endorsing immoral creatures, and virtue, and precedence to the maintenance of order and security and safety of the individual and society, and means to do so. I have found that the Islamic penal system; as a divine system is the best and fittest of mankind providing security and safety, and preserving the rights of privacy and symptoms and, in the prevention of crime and pieces of the eradication of corruption and spoilers. In the first quarter (what self- defense and the Special legitimacy); when speaking on the concept of self- defense within the private jurist talk, and then shown the basis and legitimacy, in terms of its nature, or that it is indeed a duty, and wisdom legitimate, and its relationship to the state of necessity, coercion, and then the comparison between him and Defense Forensic year, has shown that self-defence is the term private talk, self- defense or offer or money, which is considered old jurist under the theme Alsael payment, and that legitimacy fixed writers, Sunnis and unanimity, impact and reasonable, and that is to prevent injury and boost easily as possible, It differs from the cases of necessity and coercion in the aspects and agrees with him in other aspects; that relationship and the link between them and the legitimate defense Special close relationship is the presence of force, or threat of danger to self or event or money supply, leading to the commission of the act, which is, therefore, considered both scholars of the private and self- defense of necessity and physical coercion, applications for a (necessities permit prohibitions). In the second chapter (Departments of Defense legitimate private); showed governance legitimate self- defense or offer or money, or the same of others or offering or doomed, and scholars addressed the statements and opinions in this, and they mechanism of the evidence, then it likely stronger, and then held comparison between legitimate defense Special Sections; ranked in terms of importance or, in terms of left or waived or complacent Papaanha. I have found that self- defense or offer or money; because of the necessity and legitimacy of a social person (the maintenance and introduced his blood and preserve the rights and sanctities and property and the maintenance of honor and mind), and the conservation community is safe and provide reasons for the secretariat, and preempting the aspirants and cut out corruption and spoilers , it may leave the defense or waive any side respects, or those averse necessities of their importance; because all of the purposes for which it is to preserve Islam, and life could go only preserve and protect. In chapter III (defense Staff legitimate private and conditions); shown in this chapter of defense Staff legitimate private that must be available and presence, in order to be legitimate defence firm, owned can be used, and these elements do not have to be certain conditions should be met by the aggressor (Alsael ), or did assault (Chial) or guns (Serums it), or did the defence. This has proved to me that any disruption pillar, and the lack of quality or disruption of any provision of these conditions makes the defense already illegal, and asks the actor to do a criminal or civil responsibility. In chapter IV (a legitimate defence criminal responsibility); demonstrated the concept of criminal responsibility in the Islamic Sharia, where ancient and modern scholars, and then showed three pillars, which are essential, which is an act forbidden, and that the actor is selected, and be aware, and then showed reasons lifting criminal responsibility for the guns. This has shown me that the perpetrator would be responsible for the result of his outstanding reality punishable under criminal liability and civil liability if the three pillars, if preclude described inviolability of the act falls the responsibility. This causes the lifting criminal responsibility for the actor are: self-defence year, and defending the legitimate private, and acts of the rulers, duties, and telemedicine, discipline and Equestrian Games, and the rhythm of the Mahdrin punishment, or the reasons for its failure are: coercion and sugar sittings, and insanity, and the small people. This researcher has found that guns also responsible if the project exceeded the increase in its defense of the sum required intentionally, deliberately If damage Balsael over the extent necessary to stop the aggression was not gradual, it will be responsible for this waiver, both criminal and civil. If beyond that of a mistake-induced, questioned about his criminal responsibility not intentional.