The accused is innocent until proven guilty
God Almighty is the creator of human beings and He is most knowledgeable about their nature and actions. circulation among members of the community.
Therefore, jurists in criminal law came and adopted the principle (the accused is innocent until proven guilty) in application of the law of God Almighty, and this principle was adopted as a legal guarantee in international treaties and covenants for the protection of human rights and freedoms, which was approved by the United Nations to ensure that these rights are not violated by any party The parties and the aim of this principle is that the accused is innocent until proven guilty by a judicial ruling before a fair court. The accused is not required to provide evidence to defend himself, as he is innocent unless a final judicial ruling is issued in his conviction. Because the principle in a person is innocence unless the contrary is proven, and therefore the person who is accused must first prove it by various and various legal methods. In addition to granting the accused the following rights to achieve a fair legal trial:
The right to defense and to a lawyer.
Publicity of the trial.
Possibility of appeal.
Inform the accused of his rights.
The principle of presumption of innocence.
Inform the accused of the reason for the suspension.
The right not to be tortured.
Applying the principle of legitimacy.
On the authority of the Prophet (peace and blessings of God be upon him): “Evidence is on the plaintiff and the oath is on the one who denies.” Therefore, the accusation is not proven except after the acquisition of certain and conclusive evidence and the issuance of a conclusive judicial ruling on that charge against the person. However, if something suspicious or doubtful occurred in some of these evidences, then it is interpreted in favor of the accused and acquitted as long as that evidence did not reach the level of proof. Therefore, we are supposed to respect the accused and treat him humanely so that he continues to be innocent and lead his life as normal. But what we see today is the complete opposite of that. People do not look at the fact that this accused is innocent, no. On the contrary, they look at him as a vile criminal, even if sufficient and unequivocal evidence does not appear for the charge against him. Out of our humanity, why don't we put ourselves in the place of that accused and think whether this criminal view of him is correct or not? Therefore, first of all, all human beings must be dealt with humanely, regardless of their status, and the circumstances that prompted them to act in this way must be explained and understood. Before accusing them, verifying that original charge is not allowed to convict or arrest the accused except after obtaining evidence and not upon a confession from the accused as a result of coercion or torture, as happened. With the incident of Zakaria in Jerash, who was unjustly arrested due to his accusation of incomplete evidence and his confession resulting from torture to the incident of killing his sister, which later turned out to be alive, and a criminal court ruled his innocence after a year and a half of his arrest, claiming that it casts doubt on the case of the confession of the accused, and since the doubt is interpreted in favor of the accused released him; So my question is as follows, who will compensate Zakaria and other defendants unjustly or for not obtaining sufficient evidence for the period of detention?!
According to my legal opinion, this accused can be financially compensated. But how will he be compensated morally?! Who will return to him the freedom that was unjustly and arbitrarily taken from him during the period for which he was arrested?! Many of us witness the great loophole that exists in most laws because of those who occupy political positions for their own interests and prefer those interests of their own to the public interest; Therefore, we witness many people being unjustly arrested, and I remember the occurrence of a similar situation of injustice, arbitrariness, and abuse of power unjustly towards some oppressed people, and this is evidence of the lack of integrity of the legal rules at the present time compared to the past and the time of the Messenger, peace and blessings be upon him.
I hope that God will return us to the path of justice and truth, and keep us away from vice and injustice, and that we live in a safe society free from arbitrariness and abuse in the use of the right.