The presumption of innocence is among the important rules and great principles to which Islamic law has given attention, for it aims to protect rights from infringement and safeguard the personal freedom of individuals. The rules of Islamic law always aspire to achieve justice and establish rights on the scales of fairness and the values of justice.
The rules of Islamic law
The rules of Islamic law are comprehensive principles and firmly established maxims upon which the judiciary relies to secure the interests of people and protect their rights. These rules govern numerous and scattered matters and organise them into a single framework, and they enable non-specialists in the Islamic sciences — such as legal professionals — to acquaint themselves with jurisprudence, in its spirit and content, in the easiest manner.
The source of the rule of the presumption of innocence
This rule has received attention in the books of Islamic legal theory (usul al-fiqh), where it is placed under the chapter of istishab — that is, the presumption of the continuity of the original state. I shall give an example that illustrates this: the original state of water is purity, whether it is rainwater, seawater or otherwise, and this is not departed from merely on the basis of doubt — here we presume the continuity of the original state, namely the purity of water. This rule is a great foundation and objective, as the evidence supporting it is manifold; it presumes the original innocence of a person, which is not departed from except by conclusive proof. A ruling established by evidence remains established unless evidence is produced that removes it; it is not displaced by baseless conjectures.
It was narrated by Ibn Abbas, may Allah be pleased with him and his father, that the Messenger of Allah, peace be upon him, said: "If people were given [judgment] on the basis of their claims, some would claim the wealth and blood of others, but the burden of proof lies on the claimant and the oath is on the one who denies." A hasan (good) hadith.
The meaning of the rule
This hadith confirms, clearly and explicitly, that the original state is the innocence of the liability (dhimma), and that its being burdened is an incidental matter that places the burden of proof on whoever claims otherwise. What is established with certainty is only removed by certainty. My purpose here is to shed light on a great principle established by Islamic law as one of the main pillars for achieving justice and guaranteeing rights for society in general and for litigants in particular. The presumption is of original innocence, and by innocence is meant the negation of obligation and responsibility from the liability (dhimma).
Reinforcing the principle of the presumption of innocence
Reinforcing this principle, as a comprehensive meaning and a religious objective, falls within the endeavour to develop society's awareness of the judicial system and its legislation and how it is issued, and of the judiciary's diligence in studying evidence and examining proof before characterising the facts and rendering judgment, and in not casting accusations recklessly until the complete picture on which judgment is based has taken shape.
Reinforcing these judicial principles is not the responsibility of the judiciary alone; rather, it is a responsibility of society, especially those concerned with the field of law, in order to attain the highest levels of justice to which everyone aspires.
- See Al-Madkhal li-Dirasat al-Tashri' al-Islami, by Dr. Abdul Rahman Al-Sabouni, 1/269.
- Narrated by Al-Bayhaqi and others in this form; part of it appears in the two Sahihs.
- See Al-Ashbah wa al-Naza'ir, by Al-Suyuti, p. 61.
- See Qawa'id al-Ahkam fi Masalih al-Anam, by Al-Izz ibn Abd al-Salam, 2/26.
This article was written by lawyer Abdullah Al-Turki via Juris Review.