درء العقوبة بالشبهة في الفقه الإسلامي و القانون الجزائري

Abstract EN

This research studies an important rule in Sharia and legal criminal jurisprudence, which is the prevention of punishment by suspicion.

The search aims to define this rule and specify its cases and exceptions, and clarify and discuss the Jurisprudence and legal provision decided for it.

It also aims to explain the relationship of this rule with the principle of innocence and the consequent provisions.

Moreover, its relationship to the principle of jurisprudence certainty and the consequent assessment.

One of the most important results of the research is that Islamic law considered suspicion in dropping punishment.

Especially hudud, for fear that a person would be punished while he was innocent.

In addition, the Algerian legislator approved the rule to averting the punishment for suspicion in two principles.

The first is the principle of innocence, that the accused is innocent until proven guilty.

The second is the principle of jurisprudence certainty, that the doubt is interpreted in favor of the accused