Reflection of the Principles of Islamic Criminal Policy in the Law on Respect for Legitimate Freedoms and the Preservation of Citizens’ Rights

Abstract

One of the fundamental components of citizens’ rights is the set of rights arising from the administration of justice. The Law on Respect for Legitimate Freedoms and the Preservation of Citizens’ Rights, consisting of a single substantive provision and fifteen clauses, emphasizes the observance of citizens’ judicial rights, including the presumption of innocence, the accused’s defense and property rights, and respect for the accused’s privacy. This study seeks to identify the principles of Islamic criminal policy underlying the provisions of this Law through a review of various jurisprudential and legal sources, employing a descriptive-analytical methodology. The findings demonstrate that, within the framework of fair Islamic criminal proceedings, particularly during the stages of crime detection and preliminary investigations, the judiciary is required under this Law to observe principles such as the inherent dignity of human beings; the presumption of innocence and its legal consequences; respect for the rights of Muslims and the denial of authority over others; the prohibition of unwarranted investigation and intrusion into private affairs; confidentiality and the duty of trust; and the prohibition of exercising control over or infringing upon the property of others. Clearly, this Law has opened up a new dimension in criminal procedural policy by establishing a distinct value for the process of crime detection and the protection of the rights of the accused. In this respect, it fundamentally differs from the traditional approach to criminal proceedings, which placed greater emphasis on harsh treatment of the accused. Furthermore, the Law draws upon the valuable and universal concept of human rights and attaches particular importance to the incorporation and effectiveness of human-rights principles and norms within domestic legislation.