The Legitimate Defense Conditions From the Viewpoint of Fariqayn

The Fariqayn jurists (foqaha) have not mentioned any special condition for the legitimate defense in the realm of "Organized Defense". The only condition existing in this realm is the occurance of war or aggression of enemies. The mentioned condition is one of the common conditions in defending land and personal defense. In the subject of "aggression condition" some issues such as precautionary defense, the probability of aggression, the occurred aggression and the aggression of irrelevant people, strangers, animals and beasts, are taken into consideration. The second condition mentioned for the legitimate defense is "the necessity and exigency of defense". Based on this condition, the defender is liable to use force only if there is no other way out for removing or preventing danger. The third condition mentioned is "the balance condition" between aggression and defense. The term - balanced condition – is taken from the phrase "الأسهل فالأسهل" [al-as-hal, fal-as-hal]. By this phrase foqaha mean one should observe a gradual and graded increase in action while defending. Foqaha have mentioned some stages for defending wherein the defender should defend himself through the safest and the least troublesome way he thinks it would be the best, and then if needed, gradually he can apply more severe actions.