حبس ملزم کی شرعی و قانونی حیثیت

Abstract

Attributing the criminal action belonging to a person is called accusation. A person who is charged with a crime is called an accused. No any accused can be considered convict or guilty without an evidence. Allegations are always made on the basis of suspicion and different other circumstantial evidence. Imposition of punishment on the basis of accusation is never justified in any Divine or Man made Law. The decision based on a mere claim without any evidence is prohibited in Islamic Shari'ah.So when a person is charged with a crime ,it is imperative to investigate him properly.Until the investigation is done, neither the accused can be declared guilty nor the claim can be considered true. A strong justice system is necessary for state stability. Pakistan is an Islamic country. So it is a constitutional requirement to establish an Islamic justice system in the country. Under existing laws, the police have absolute power to arrest any respectable citizen on mere suspicion. It is a common practice in Pakistan that the accused is imprisoned on the bases of a trivial accusation. Whereas in Shari'ah, it is absolutely impermissible to detain a dignitary on the base of a mere allegation. Apparently, Incarceration of accused in prevailing laws is seemed to be in conflict with Sharia.. Therefore, A critical study on the legal status of the detention of an accused is necessary in the context of Shariah.