Private Defence

11.1 Introduction

The right of private defence has been recognised by the laws of all civilised societies for very long time. 1 Shari 'ah being stricter than secular laws in protecting interests of individuals recognises that under certain conditions an individual is entitled to defend his own interests and interests of others. Though the major aim of this chapter is to explore the nature of private defence in Shari 'ah yet we 'll see how does this right resemble with or differ from public defence? The criteria for using force in private defence shall also be ascertained. A comparison of Shari 'ah 's provisions on the subject with English law, and evolving the efficacy of both the systems will also be given due consideration.

11.2 Legal

It prohibits the believers to go astray and transgress the legally recognised rights of others. In the Holy Qur 'an it has been enjoined, "Begin not hostilities. Lo! Allah loveth not aggressor. ,2 To avoid aggression, and to show respect for rights of others, has been declared as the duty of every one. Every member of society is allowed to defend his rights against all kinds of unlawful aggression. Shari 'ah does not preach the idealistic doctrine of the other cheek; instead, it prefers private defence tempered with compassion. 3 It affords protection and guarantees that the rights of individual to life, liberty and property shall not be abridged without the due process of law. Violation of right to life, property and chastity has been expressly declared unlawful. 4 Right of private defence is an exception to the general principle of prevention of use of force by an individual to protect his own interests. ' It is an exception to another well known rule of laws of all the civilised societies that no one can be the judge of his own cause.

The right is so important that it may be declared as the foundation of all the revealed religions. Prevention of crime and propagation of goodness in society is the object, all the Prophets were deputed to achieve. If its knowledge is forgotten and its practice is given up, the very object of prophet-hood is totally defeated; its absence from society will lead to degeneration and disintegration of conscience, indolence and dullness of mind, destitution of morality, breaking up of human relationships, flourishing of corruption, deterioration and diminution of civilisation, destruction of property, damage to human life and declination of the society.