الشبهات التي تدرأ بها الحدود : دراسة فقهية

Abstract EN

The concept of preventing suspicions limits is of the important rules in maintaining rights and fulfilling justice among people , Because the criminal legislation in Islam is not aiming at torturing people and oppressing them, But to maintain security of individuals and society on the lives and money and for biddings in the integration and harmony with other preventive legislatives in order to establish justice on the earth and maintain moral and social order of the society and ensure straightness of the life, since it stipulated two witnesses in most crimes and four witnesses in committing illegal sexual affair crime, as well as stipulated that witness must be on inspection not by hearing and its utterance must be clear and sharp in evidence on the person who gives testimony in addition to condition the justice of the witnesses.

Allah Almighty said: And there is life for you in (the law of ) retaliation, Omen of understanding, that you may guard yourselves.

Sorat Al-Baqra (verse 179).

We find Islamic sharia is trying hard to avoid human retribution in order to preserve the continuity of the human birth and even bring to man by any harm whether physical or mental, The preventing of limits suspicions is the approach that adopted by the prophet, peace and blessing be upon him, and his follower after him and we find jurists are unanimous agreed on preventing suspicions limits and not exposing person to danger just when the all means are depleted in preventing punishment, and Allah bless upon our prophet Mohammad and his followers.