CRIMINAL OVERMACHT ISLAMIC LAW ON NARCOTICS CRIMES

Abstract

This study examines the application of the concept of overmacht, or duress, within Islamic criminal law in relation to narcotics offences. The central issue concerns the extent to which coercion or circumstances beyond an offender's control may affect the assessment of criminal responsibility. This research employs a normative legal method using conceptual and statutory approaches. The materials examined include Islamic legal sources, relevant statutory provisions, and scholarly literature concerning overmacht, criminal responsibility, and narcotics offenses, which were analyzed qualitatively. The findings indicate that a state of duress does not automatically release an offender from criminal responsibility. Its legal significance must be determined by examining the specific circumstances surrounding the offense, including the nature and intensity of the pressure, the offender's ability to avoid the situation, and the causal connection between the coercive circumstances and the criminal act. From the perspective of Islamic criminal law, circumstances that substantially limit a person's ability to choose freely or place the individual beyond his or her reasonable capacity may affect the imposition of criminal responsibility. Nevertheless, in narcotics cases, a claim of overmacht must be established through concrete evidence and assessed in accordance with the applicable legal provisions. Therefore, overmacht should be regarded as a circumstance requiring careful judicial assessment rather than an absolute ground for exemption from criminal liability.