The Rights of the Accused in Islam (Part Two)

Abstract

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