Published January 1, 2015 | Version v1
Journal article Open

THE DIFFERENCE BETWEEN A STATE OF NECESSITY AND A LEGITIMATE DEFENSE IN LAW

Description

Worship includes every human movement in life, and accordingly, a person’s quest to take care of himself and his society is an obligatory matter, and he is rewarded for it as long as he adheres to what is obligatory in it.The research has been called the difference between the state of necessity and the legitimate defense in the law, because the meaning of necessity is a comprehensive meaning that deals with many matters, and the person must be characterized by reform with himself and with others, I have dealt with in this research some of the provisions of necessity in a number of the following issues:

 Coercion and Necessity

 Force Majeure and Sudden Accident

 Exceeding the point of necessity

 The difference between necessity and compulsion in Islamic law

 Proving the state of necessity in Islamic law and law

 Comparison between Sharia and law in the matter of proof Then I interpreted the verses and explained the hadiths, criticism and deduction, and listed the opinions of the scholars and tried to explain the most correct one. Using the analytical method, then it showed the teachings to which the verses guide us, which must be applied in dealing with people through the applied approach.

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