The Rights of the Accused in Islam (Part Two)

Abstract

Under the law of Islam, the accused enjoys many rights. These will be summarized below. The Right to a Defense The accused has the right to defend himselfherself against any accusation. This may be accomplished by proving that the evidence cited is invalid or by presenting other evidence that contradicts it. In any case, the accused must be allowed to exercise this right so that the accusation does not turn into a conviction. An accusation means that there is the possibility of doubt, and just how much doubt there is will determine the amount and parameters of defense. By comparing the evidence presented by the defense with that of the party making the accusation, the truth will become clear-which is, after all, the objective of the investigation. Therefore, self-defense is not only the right of the accused to use or disregard as helshe pleases, but is also the right and the duty of society as a whole. If it is in the best interests of an individual not to be convicted when he/she is in fact innocent, the interests of society are no less important. It is the society’s concern that the innocent are not convicted and that the guilty do not escape punishment. It is for this reason that the Shari‘ah guarantees the right to a defense, and prohibits its denial under any circumstances and for any reason ...