Criminal liability in situations of Duress and cases and legal remedies.

Abstract

This study forms part of a broader research series that investigates the roots of persecution and coercion affecting humanity—phenomena that have frequently emerged in the context of wars and invasions. Under such circumstances, diverse forms of coercion have arisen, including forced conversion or apostasy, with conditions often escalating to torture and imprisonment as mechanisms to compel individuals and oppressed religious and ethnic groups to submit to the authority of dominant powers. Given the gravity and sensitivity of this issue, the study adopts an analytical approach that begins with diagnosing the phenomenon and subsequently examining its remedies, drawing primarily on Qur’anic texts. The researcher establishes a conceptual framework by defining the states of coercion and compulsion, then analyzes their characteristics, dimensions, and underlying motivations, supported by evidence from the Holy Qur’an and the interpretations of classical exegetes. The study further explores the Qur’anic approach to addressing this phenomenon, treating the Qur’an and its legislation as both a diagnostic framework and a source of remedy, relief, and protection against coercive practices targeting minorities and vulnerable groups. In this context, the research proposes a structured model of Qur’anic remedies that develop along two principal lines: preventive measures and contextual (situational) treatments. Accordingly, the study is organized into two main parts: first, an introduction addressing the conceptual and historical development of the phenomenon; and second, an analytical examination of its manifestations and the Qur’anic methods of addressing and mitigating its effects.