Principle of Duress

Document Type : Research Article

Author

gh

Abstract

y definition, ikrāh (duress) means forcing someone to do something unwillingly. Ikrāh would be realized under seven conditions. In ikrāh over the prohibited, the criterion is inability of mukrah (i.e., the person under duress) to be released from threat and repelling loss and the culprit’s mere claim would be accepted. In transactions, however, ikrāh would be true only through discontent. The criterion for nullifying the conventional decree is non-observance, and mere claiming of ikrāh is not acceptable. Ikrāh is of two kinds: lawful and unlawful. The former is permissible and the latter is forbidden. The obligatory precept for the mukrah asserts that committing the forbidden and abandoning the obligatory is permissible for him/her except in case of homicide. And the conventional decree is that the mukrah is acquitted from qişāş (retaliation), hadd (legal penalty), dimān (liability), etc. The sources of rule of duress include āyah 106 of sūrat al-Nahl, the āyahs adduced by the principle of constraint, as well as tradition, consensus, and intellect.

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