NCJ Number
87481
Date Published
1982
Length
36 pages
Annotation
The right of the individual to personal security under Islamic law is guaranteed in theories of incrimination and penology, criminal procedure, and the principle of legality.
Abstract
Under the principle of individual criminal responsibility, only the person who perpetrates the crime can be accused and found guilty, thus precluding the members of an offender's family from being accused. Also, no crime can be charged and no punishment issued by the state except as defined by law, thus protecting persons from arbitrary and unwarranted state intervention. Further, no law can be applied retroactively. Criminal procedure under Islamic law emphasizes the presumption of innocence, with the burden of proof being on accusers; guarantees freedom from unreasonable searches and seizures; provides guarantees for the accused during interrogation; and focuses on protecting the accused from unwarranted preventive detention. A fair and prompt adjudication satisfying all the guarantees and safeguards which enable the accused to present a defense is necessary to sustain a conviction under Islamic law. The principle of legitimacy is the cornerstone of the right to personal security in the Islamic state. The principle of legitimacy means that all acts, procedures, dispositions, and final decisions of the public authorities cannot be binding unless they are consistent with the law. Islamic law prescribes various sanctions for violations by public authorities of the principle of legitimacy. The effects of such violations are ruled invalid, and the ruler committing the violation may be dismissed. Overall, Islamic law is designed to protect individual citizens from arbitrary, prejudiced, and unlawful intervention by public authorities. A total of 190 footnotes is provided.