A Fiqhi Analysis of the Boundaries of Coercion Regarding the Coercees

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Abdullahi Ali Beyk Hamideh; Mohtashemi Pour Saeideh Sadaat

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Journal Paper

Paper Information

Journal: JOURNAL OF NEW ISSUES IN ISLAMIC JURISPRUDENCE Year:2024 | Volume:2 | Issue:2 Page(s): 40-59

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Title

A Fiqhi Analysis of the Boundaries of Coercion Regarding the Coercees

Author(s)

Abdullahi Ali Beyk Hamideh | Mohtashemi Pour Saeideh Sadaat | Issue Writer Certificate

Keywords

: Ikrāh

Mukrah

Coercive Constraints

Concept of Coercees

Threat to a Non-Coerced Person

Boundaries of Coercion

Abstract

Ikrāh (coercion) serves as a significant factor that nullifies both the legal and moral effects of a ruling, as well as a key element in absolving criminal responsibility. Therefore, it is essential that the components and elements of Ikrāh be fully established to manifest in the external world. According to the definition of Ikrāh, it is realized whenever the element of threat is directed towards the mukrah (coerced individual) or those in a similar legal position. In Islamic jurisprudential texts, these individuals are referred to as relatives, kin, or more broadly, as "those connected to" the coerced person. The extent of the inclusion of those connected to the coerced individual is a topic that has been discussed in limited detail by a few jurists. The findings of this study, conducted through a descriptive-analytical approach utilizing library resources, alongside a critique of juristic opinions, indicate that if a threat of harm to a third party creates a constraint on the coerced individual, prompting them to engage in a transaction or commit an offense—such that, had the threat not involved harm to that third party, the coerced individual would never have acted—the coercion is thereby established. This principle varies according to the personal or social circumstances of the coerced individual. Consequently, even when the harm does not directly affect the coerced individual, or when the non-coerced individuals are not from their family, relatives, or kin, or even if a Muslim is on the other side of the globe, one could still affirm the reality of coercion.

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