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Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2008-SUMMER 2009 , Volume - , Number 4; Page(s) 11 To 35.
 
Paper: 

COMPARISON OF "RULE OF PREVENT HUDUD IN CASE OF DOUBT "AND "PRESUMPTION OF INNOCENCE"

 
 
Author(s):  AGHAI MOHAMMAD ALI*
 
* 
 
Abstract: 

The functional role of religious principles respondent to Legal & Jural issues (specially the new complicated issues) is no secret to anyone. as these principles shall be considered as a well-founded support for lawyers. judges and jurists in presentation of judicial decrees. judgments and opinions, because solving many Jural/legal issues without relying on afore-mentioned rules shall be difficult and partially inaccessible. Thus in the Islamic religion and a wide range of today world's common regulations (including our country) the existence and effects of these Jural Principles, such as principle of non-damage "using your own property in such a manner is not to cause loss or hardship to another" and correctness are evident, whether in exact form or content. These principles including "prevent huded in case of doubt" and "Doctrine of Innocence" are discussed under chapter of doubts, thus in case that a SHARIA Judge hesitates to prove the crime while investigating the defendant's case or realizes that the accused person/s was/were doubtful of the existence of legal judgment or religious edict and dubious recognition of the subject of judgment while committing the crime, due to religious principles and equity rules, the judge can not attribute any crime to the accused person or enforce a punishment on him, and since Islamic Religion is the law of affection and indulgence. and in view of Islamic justice regulations and Judicial system, consequently the common regulations shall lead the judge to interpret law in the favor of the accused person and his innocence. The Prophet states that "if a judge makes a mistake in forgiving a defendant, this judgment is better than to mistake in and exerting punishment. Also there are strict orders about the interpretation of law in favor of accused person, and abiding by justice and equity and exercising prudence where people's life and reputation is concerned.

 
Keyword(s): JURAL RULE, WISE PRINCIPLES, RULE OF PREVENT HUDUD IN CASE OF DOUBT, PRESUMPTION OF INNOCENE, DOUBT, (DOUBT OF LAW, DOUBT OF FACT), HUDUD AND TA AZIRA
 
References: 
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