قرينة البراءة في التشريع الجنائي الإسلامي و تطبيقاته في المنظومة القضائية الإسلامية : دراسة مقارنة

Abstract EN

The legitimacy of criminal procedures considered as a fundamental element of law’s links, which follows the criminal occurrence since its commission, through the prosecution of the accused with the criminal procedures taken against him, then sentenced him with the legal penalty prescribed by law and until the execution of the sentence imposed to him.

From legal perspective, it’s to be noted that every action taken against any person without assuming him innocent, that leads to shift the burden of proof on him regarding to the crime attributed to him.

So, if he fails to prove this, then he considered guilty before the law for the crime committed.

Therefore, the implementation of the element of presummission of innocence is important in every action during the case procedures as it is considered as pillar of procedural legitimacy.

As a result, this element is considered as one of the important measures that guaranteed the fair trial in court for the accused in all procedures.

However, shariah law is considered as the main source for this principle (presumption of innocence), since fourteen centuries ago and has been applied and became as a rule of Islamic criminal jurisprudence.

It has been decided by Islamic jurisprudence, for instance, that the sentence (Alhad) considered as one of the penalties that inflicts physical damages to the victim and his reputation that cannot be persuaded and proven unless by definitive evidence beyond reasonable doubt.