Monday, January 8, 2018
Muhammad Munir (International Islamic University, Islamabad - Department of Law) has posted Fundamental Guarantees of the Rights of the Accused in Islamic Criminal Justice System (Hamdard Islamicus, Issue no. 4 (2017)) on SSRN. Here is the abstract:
Islamic criminal justice system provides fundamental guarantees to the accused. Islamic criminal law presumes the accused innocent unless proven guilty. In addition, Islamic criminal justice system has provided many safeguards to the accused that are always upheld during detention, investigation, trial, and post-trial. These rights are: 1) the right of each person to the protection of life, honour, liberty and property; 2) the right to due process of law; 3) the right to a fair and public trial before an impartial judge; 4) confrontation and cross-examination of accusers and witnesses; 5) freedom from compulsory self-incrimination; 6) protection against arbitrary arrest and detention; 7) prompt judicial determination and; 8) right of appeal. Thus, Islamic criminal law has provided basic guarantees to the accused person.