حبس ملزم کی شرعی و قانونی حیثیت

Incarceration of accused in the context of Shariah and Law

Abstract

Attributing the criminal action belonging to a person is called accusation. A person who is charged with a crime is called an accused. No any  accused can be considered convict or guilty without an evidence. Allegations are always made on the basis of suspicion and different other circumstantial  evidence. Imposition of punishment on the basis of accusation is  never justified in any Divine  or  Man made Law. The decision based  on a mere claim without any evidence  is prohibited in  Islamic Shari'ah.So when a person is charged with a crime ,it is imperative to investigate him properly.Until the investigation is done, neither the accused can be declared guilty nor the claim can be considered true.

A strong justice system is necessary for state stability. Pakistan is an Islamic country. So it is a constitutional requirement to establish an Islamic justice system in the country. Under existing laws, the police have absolute power to arrest any respectable citizen on mere suspicion. It is a common practice in Pakistan that the accused is imprisoned on the bases of a trivial accusation. Whereas in Shari'ah, it is absolutely impermissible to detain a dignitary on the base of a mere allegation.

 Apparently, Incarceration of accused in prevailing laws is seemed  to be in conflict with Sharia.. Therefore, A critical study on the legal status of the detention of  an accused  is necessary in the context of Shariah.