Provocation As A Defence Of The Crime Of Murder Under Criminal And Islamic Law

ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary（or intentional）manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the time of the killing（the subjective test）and that this was the result of wrongful conduct serious enough to provoke an ordinary or reasonable person（the objective test. If there is no evidence to support a finding of provocation, the defence will fail, wheth…