Document Type : Research

Authors

• sayyed hosain aletaha ¹
• Aref Bashiri ²

¹ Assistance Professor of Theology and Islamic Studies, Shahid Chamran University of Ahvaz

² Lecturer of Theology and Islamic Studies, Shahid Chamran University of Ahvaz

Abstract

Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the society, they will achieve the exaggeration that God has made obligatory to defend.  One of these crimes is the threat of extortion of the publication of honorary documents, and the question of the present research is whether the defense of the victim of his integrity against the threat of extortion can be documented in the legitimate defense of jurisprudence and law. Despite the fact that this look has always been the subject of the jurisprudence of elders, it is a serious reflection of the fact that not only the Islamic Penal Code, but also legal analysts have neglected the importance of the lawsuits of the tribunals. In this paper, in order to prove the theory of research based on the accuracy of the criticism of the Islamic Penal Code, the nature of the legitimate defense in the jurisprudential and legal material has been analyzed. It was found that the initiation of extortion is a kind of invasive attack against the integrity of the wage and the defense of the defendant. In addition, it is not permissible and responsible to convey the objection of failure to observe the general rules of jurisprudence, but the title of legitimate defense against such an offensive is correct.

Keywords

• Legitimate Defense
• Islamic Jurisprudence
• Extortion
• Critique of Islamic Punishment Law
• Publication of Honory Documents

Main Subjects

• Jurisprudence and Law