Benefit and its Legal Consequences in the Context of Criminal Liability
Journal Title: Turkish Academic Research Review - Year 2021, Vol 6, Issue 1
Abstract
Ikrah is a coercion or threat exercise of a person capable of doing what he/she threatens upon another person to produce a fear, which causes him/her to undertake an action or utter a word that would not otherwise be shown consent. Islamic jurists generally tend to classify the ikrah into different forms essentially by taking the extent of threat into account. Considering its legal consequences, the Hanafis, in particular, divide the ikrah/duress into three main categories: mulji/compelling or complete; gahyr-i mulji/ not as compelling or incomplete and moral/psychological duress. In case of compelling duress, the threat is directed to the life and body integrity of threatened person. The second type does not create a compelling fear against the life and body integrity of threatened person but does include some actions like beating, imprisonment, or forcing to break religious dietary restrictions. Criminal liability is the responsibility of an individual attained the age of reason (tamyiz) to endure the punishment stipulated in the law for any unjust and illegal attack upon others he/she commits an with free will. For the ever non-permitted actions such as killing or taking an action against bodily integrity, the existence of ikrah does not affect the legal consequences of such actions. Actions that become permissible due to the effect of the ikrah/duress also nullify criminal liability because in such acts, the principle of the illegality in criminal responsibility remains incomplete.
Authors and Affiliations
Yaşar Yiğit
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- EP ID EP693109
- DOI https://doi.org/10.30622/tarr.850211
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