القواعد الفقهية المنظمة للتشريع الجنائي الإجرائي الإسلامي

Abstract

The Islamic Jurisprudence is a set of basic principles that aim to achieve justice and fairness and guarantee the rights of individuals and society within the framework of Islamic law. This legislation is based on the principles of the Holy Qur'an, the Sunnah of the Prophet, and the consensus of scholars, where it is represented by the principle of acquittal of the accused until proven guilty, and the need to provide conclusive evidence to prove crimes. It also emphasizes the importance of justice in all stages of litigation and non-discrimination between individuals regardless of their social or economic status. The rules also include the principle of necessity to withdraw the limits in case of doubts or suspicions, and the rule of harm and harm which prohibits harm to others during the execution of the rulings. In addition, Islamic law allows for the possibility of exceeding certain provisions in cases of necessity to achieve public interest, while maintaining the principle of equality before the law. The law also emphasizes the importance of corroborating evidence and testimonies before passing judgments and emphasizes the individual's responsibility for his actions without burdening others with his crimes. It encourages the Islamic criminal system to reform the criminal and give him the opportunity to repent, which reflects the spirit of mercy and justice in the Sharia. These rules aim to build a balanced judicial system that protects human rights and prohibits injustice, making Islamic procedural criminal law a comprehensive model for achieving security and justice in society.