The Right of Defense in Islamic Jurisprudence

Abstract

This research explores the principles that ensure justice in Islamic law, emphasizing the fundamental right to defense as a cornerstone of protecting individuals from injustice and abuse. These guarantees include the presumption of innocence, the right of the accused to present their arguments, confront evidence and witnesses, and the absolute rejection of any form of coercion during investigation or trial. The study also highlights the importance of judicial integrity and impartiality, asserting that judges must remain free from external influences that could compromise their independence, whether from authorities or societal pressures. Fair litigation requires that rulings be issued based on solid evidence and legal reasoning, rather than external pressures or personal interests. In this regard, Islamic law established these principles long before others, making it a pioneering model in achieving justice before various courts and legal bodies, safeguarding human dignity, and upholding the values of truth and fairness.