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Rights Of The Accused

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Chapter Summary

The Islamic criminal justice system provides equal principles of criminal jurisdiction for all individuals irrespective of their social status. These include questions of arbitrary arrest, remand in custody, detention, equality before a public hearing, the principle of not guilty until proven otherwise before an impartial criminal jurisdiction, and equality in all procedures of prosecution and punishment. Islamic law provides many rights for the defence procedure. There are certain initial rights of the accused that must be respected according to the provisions of Islamic criminal jurisdiction. The right to certain facilities encourages the criminal justice to be very cautious not to injure, deliberately or accidentally, the position of the accused under criminal jurisdiction. A significant right of the accused is to know that the accusation is based on a lawful indictment.

Keywords: Islamic criminal jurisdiction; Islamic criminal justice system; Islamic law; lawful indictment



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