The Importance of Proving the Accused Crime According to Islamic Sharia, Afghan Legislative Documents, and Scientific Perspective

Abstract

Allah Almighty, in the Holy Quran, commands that the most honoured and respected among you in the sight of Allah is the one who possesses the most piety, as He says:

يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ۝.(الحجرات/ ۱۳)

Translation: O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. (Al-Hujurat: 13)s

Furthermore, He commands the establishment of justice and points out that the establishment of justice is a means to achieve piety, as He says:

يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ۝.(المائده/ ۸)

Translation: O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do. (Al-Ma'idah: 8)

In order to approach Allah Almighty through our profession and to achieve both worldly and eternal happiness, how can we ensure justice in the criminal framework, which leads to closeness to Allah and eternal salvation? In pursuit of answering this question, I conducted this research to provide, through a scholarly effort, glad tidings of worldly and eternal happiness to colleague’s workers in the field of justice.

Fortunately, by the end of this research, I concluded that:

To prevent someone from being unjustly punished or to ensure that the rights of individuals are not violated, and to ensure that a guilty person does not escape without facing the consequences of their criminal actions, and to maintain trust in the judicial and justice-enforcing authorities, the greatest thing is that the right of Allah Almighty can’t waste. it is essential to have accurate proof of the crime. This is the only way to achieve criminal justice, obtain the satisfaction of Allah Almighty, and protect society from the harmful phenomenon of crime.