تجاوز حد الدفاع الشرعي في جرائم القتل بين الفقه الإسلامي وقانون العقوبات الجزائري

Abstract

This research aims to clarify the right to legitimate defense, which is one of the reasons for permissibility in Islamic jurisprudence and man-made laws, and this is due to the attacks that have recently become ravaging people and threatening their security and stability. These crimes have become rampant in many societies and it is logical for a person to defend his religion and himself. And his honor, his forbidden and his money with all his strength and effort if he is unable to seek help or reach the authorities in a timely manner, abiding by the terms and conditions of his right to legitimate defense and without exceeding or deviating from the limit permitted by him because in the event that he exceeds the limits of defense that the Sharia has established for him and Granting him the law, by doing this he leads from a legitimate act to an unlawful act and becomes an aggressor without intent or unjust with intent, and accordingly, we will clarify the right of legitimate defense and its conditions that must be adhered to so that transgression does not occur and clarify the effects of its transgression and the penalties prescribed for this in order to preserve the rights of the people, their security and safety And so that the legitimate defense is not a pretext for violations and revenge, and everyone who has a right knows his right in order to eliminate crimes and attacks.