أثر الإكراه في إسقاط الحد. The Effect of Coercion on Dropping the Prescribed Punishment

Abstract

Among the important issues whose rulings are necessary for us to know are the rulings related to the freedom of man and respecting his will in his actions. Such issues include the Ḩudūd, which are penalties prescribed by the Sharia. I have dealt with the topic of Ḩudūd because their rulings are scattered in many chapters of jurisprudence, and the jurisprudential studies specialized in their rulings and their impact are few. The research paper begins with an introduction in which coercion is defined and its types are introduced. Then, the research tackles the effect of coercion on the Ḩudūd, successively, starting with adultery, then slander, theft, drinking alcohol, highway robbery, prostitution, and apostasy. The most important results of the research were that coercion is forcing a person to do something that does not please him, that the woman forced to commit adultery should not be punished, nor should the man forced to commit adultery, according to the correct opinion because doubts about evidence abolish the prescribed punishment. Similarly, the person forced to slander or steal should not be punished. The Jurists disagreed about the person forced to drink alcohol, but most scholars see that he should not be punished.