The Rights of the Accused in Islam (Part Two)

Abstract

Under the law of Islam, the accused enjoys many rights. These
will be summarized below.
The Right to a Defense
The accused has the right to defend himselfherself against any
accusation. This may be accomplished by proving that the evidence
cited is invalid or by presenting other evidence that contradicts it. In
any case, the accused must be allowed to exercise this right so that the
accusation does not turn into a conviction. An accusation means that
there is the possibility of doubt, and just how much doubt there is will
determine the amount and parameters of defense. By comparing the
evidence presented by the defense with that of the party making the
accusation, the truth will become clear-which is, after all, the objective
of the investigation.
Therefore, self-defense is not only the right of the accused to use
or disregard as helshe pleases, but is also the right and the duty of
society as a whole. If it is in the best interests of an individual not to
be convicted when he/she is in fact innocent, the interests of society
are no less important. It is the society’s concern that the innocent are
not convicted and that the guilty do not escape punishment. It is for
this reason that the Shari‘ah guarantees the right to a defense, and
prohibits its denial under any circumstances and for any reason ...