ملزم پر جبر و تشدد کی شرعی و قانونی حیثیت

The Legal and Shar’ï Status of Repression against the Accused

Abstract

Islamic Jurisprudence has enshrined the protection of human life and property, the protection of honor and dignity and the protection of personal liberty and has enacted laws to establish justice in society. Oppression is forbidden in all its forms. Islamic legal system prescribed resources for affirmation of offense such as confession, testimony, oath and evidence. Sometimes a person is accused of usurping someone's rights or committing a crime. If it is proved by a clear argument then accused will be punished by court. it is the clearest and surest source of affirmation of any offense If someone confesses his fault,. But sometimes illicit resources are used to get confessions. Such as oppressing the accused. Police torture on accused person is a trivial matter and innocent people are tortured to make them confess the crime. One of the basic reasons for this torture is that the police fail to catch the real culprit and the other side, officers are under pressure to arrest the culprits at all costs. This research paper explains the meaning of the confession and the conditions for accepting it, as well as the legal status of the confession made under duress with reference of Pakistani Constitution and Islamic law.