A Comparative Study of Non-Compliance with Proportionality Requirement in Islamic Fiqh and American Legal System

When the government is not able to counter aggression or prevent it, in Fiqh and Statutes there have been stated deterrence tools. The first factor is universal watch based on the doctrine of forbidding evil and the second deterrence factor is self-defense. In order to prevent the abuse of such a right, there must be some legal sanction to ensure that the defender does not exceed what is reasonable. Unlike Shi’a Islamic fiqh, Iranian law does not identify the kind of action an aggressive defendant may have recourse to. Shi’a fiqh seems pioneer in this regard compared to American legal system which after decades and taking multiple steps has come to introduce it. However, in practice, Iranian legal system in comparison with USA legal system has not achieved any success. This article attempts to study the concept of aggression and its effects on different instances of self-defense (i.e. Burglary and Castle Doctrine) by examining fiqh texts, and Iran and USA penal systems experience.