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 discusses 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.