Defendant Provisions in Islamic Jurisprudence (Compared to Positive Law)

The current study focused on the concept of accusation and showed the current Islamic idea on this concept through the theoretical and practical point view. The study showed the differences and similarities between the concept of accusation and other related synonyms such as crime. We also showed the reasons behind accusation which turbinate’s and evident. We talked about turbinate’s, its definition, subdivisions, and certain examples and its role in the establishment of evidence. We also showed the benefits of accusation which is reflected for the interest and safety of the community. The study discussed the Islamic provision through used procedures towards the prosecutors in order to force confession such as imprisonments, torture and swearing and the study showed what is valid of these procedures. The study also showed the rights of the prosecutor during the investigation period. The study concluded with a discussion towards the rights for compensation for the prosecutor in case of proven innocent. Financial and psychological compensation must be considered and charges against those who were behind the accusation must be forced if it is proven that these accusations were intended to harm the accused.