TORTURING THE ACCUSED PERSON FROM ISLAMIC PERSPECTIVE

Abstract

Crime has been one of the major problems man suffers from on earth as it affects everyone in every society including the perpetrators themselves and their families. The punishments given for various types of crime are nothing but efforts meant to help in reducing its rate in the society. Whenever a crime is committed and we have a suspect accused of being the perpetrator, it is normal that in the first instance he denies involvement and responsibility for the crime most especially if the accusation is not supported with clear and strong evidences as such if he is the real criminal he might go free of charge for a crime he committed especially if he had planned the crime well as seen nowadays. This paper is an attempt to explore the precautionary measures taken against the accused on investigation from Islamic perspective, it discuses the position of Islam on detention, threats and physical torture. The methodology applied is deductive from the tradition of the prophet peace be upon him and the opinion of our great scholars of the four major Sunni schools of law. The paper reveals that detention of the accused and use of threats are recognized in Islam as means that may lead to confession if administered carefully, and that physical torture is rejected according to the preponderant opinion of the scholars as such any judgment that rest on that is considered null and invalid. The paper recommends careful treatment of such cases to avoid punishing the innocent.