The accused is innocent until proven guilty | ISLAMHUDAA

The accused is innocent until proven guilty

Every person against whom a criminal case is brought, whether he is an original perpetrator or a participant in it, is considered innocent until his guilt is proven by compelling evidence and evidence based on certainty, not doubt and conjecture. This is because doubt is interpreted in favor of the accused. God Almighty has commanded verification of the news before publishing it so that people are not judged with false news. The basic principle is acquittal. God Almighty said:O you who have believed, if a sinner comes to you with news, investigate, lest you harm a people out of ignorance and then become regretful for what you have done.(Al-Hujurat: 6).

God Almighty commanded us to avoid much suspicion, and the suspicion that is intended to be avoided is the accusation that has no reason or evidence for it. God Almighty said:O you who have believed, avoid much suspicion, for some suspicion is sinful, and do not spy.﴾ [Al-Hujurat: 12]; That is: Do not think badly of good people if you know that their apparent affairs are good.

Suspicion in the verse is accusation.

The place for the warning and prohibition is an accusation that has no reason to necessitate it. Such as someone being accused of indecency or drinking alcohol, for example, and he did not appear to be guilty of that.

The evidence that suspicion here means accusation is the Almighty’s saying:And do not spyThis is because the accusation may occur to him in the first place and he wants to spy out the news of that and search for it, and gain insight and listen to investigate what happened to him regarding that accusation. The Prophet, may God bless him and grant him peace, forbade that[1].

On the authority of Abu Hurairah, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, said:((Beware of suspicion, for suspicion is the most false of speech, and do not spy, and do not compete, and do not envy one another, and do not turn to one another, and be Servants of God, brothers))[2].

What distinguishes suspicions that must be avoided from others is that everything for which a correct indication and apparent reason are not known is forbidden and must be avoided.

This is if the person suspected of him is someone who has been shown to be concealed and treated, and who has shown apparent honesty, then suspicion of corruption and betrayal in him is forbidden, unlike someone who is known among the people for dealing with suspicion and openly revealing evil things.

Al-Hassan said: We were in a time when it was forbidden to think about people, and today you are in a time where you can act and remain silent and think about people whatever you want.[3].

If there is a suspicion or an excuse that could prevent the accused from being sentenced, the ruling shall be lifted based on that suspicion.

On the authority of Aisha – may God be pleased with her – she said: The Messenger of God, may God bless him and grant him peace, said:((Avert the punishments from the Muslims as much as you can. If he has a way out, then leave his way. For the Imam to make a mistake in forgiving is better than He makes a mistake in the punishment))[4].

On the authority of Abu Hurairah – may God be pleased with him – He said: The Messenger of God, may God bless him and grant him peace, said:((Push the borders as long as you find a means to defend them))[5];That is: one should try to repel it before proving it, but after it is proven, one should not tolerate it.

Imams must push the limits with every excuse that can be used, as was the case with the Prophet, may God bless him and grant him peace, to Ma’iz and other inculcating excuses.[6].

The Prophet, may God’s prayers and peace be upon him, rejected Ma’az, may God be pleased with him, many times despite his confession of adultery due to the possibility that he was mad, or that he was drunk, and ordered anyone to smell his scent. However, when it was proven to him with conclusive evidence and clear proof that he, may God be pleased with him, committed that heinous crime, he imposed the punishment on him.

On the authority of Buraydah bin Al-Husayb, may God be pleased with him, he said: Ma’iz bin Malik came to the Prophet, may God bless him and grant him peace, and said: O Messenger of God, purify me, and he said:((Woe to you! Go back and ask forgiveness from God and repent to Him))He said: He returned not far away, then he came and said: O Messenger of God, purify me. Then the Messenger of God, may God bless him and grant him peace, said:((Woe to you! Go back and ask forgiveness from God and repent to Him))He said: He returned not long ago, then he came and said: O Messenger of God, purify me. So the Prophet, may God bless him and grant him peace, said the same thing until, when it was the fourth hour, he said to him: Messenger of God:((With what shall I purify you?))He said: From adultery, so the Messenger of God, may God bless him and grant him peace, asked:((Is his father mad?))He was told that he was not crazy, so he said:((Drink wine?))Then a man stood up and smelled it but did not smell any smell of wine from it. He said: Then the Messenger of God, may God bless him and grant him peace, said:((Have you committed adultery?))He said: Yes, so he ordered that he be stoned, and the people were divided into two groups: Someone said: He perished, his sin besieged him, and someone said: What Repentance is better than the repentance of a goat; He came to the Prophet, may God bless him and grant him peace, and he put his hand in his hand and then said: Kill me with stones. He said: They stayed like that for two or three days, then he came. The Messenger of God, may God bless him and grant him peace, while they were sitting, so he greeted him, then sat down and said:((Ask forgiveness for Ma’iz bin Malik))He said: They said: May God forgive Ma’iz bin Malik. He said: Then the Messenger of God, may God bless him and grant him peace, said:((He has certainly repented with a repentance that, if it were divided among a nation, would encompass them))He said: Then a woman from Ghamid, from Azd, came to him and said: O Messenger of God, purify me, and he said:((Woe to you! Come back So ask forgiveness from God and turn to Him in repentance.)She said: I see you want to reject me as you rejected Ma’iz bin Malik. He said:((And what is that?))She said: She became pregnant as a result of adultery. He said:((You?)),She said: Yes, and he said to her:((until you put what is in your belly)),He said: A man from the Ansar took care of her until she gave birth. He said: Then he came to the Prophet, may God bless him and grant him peace, and said: Al-Ghamidiyah has given birth, and he said:((Then we will not stone her and leave her child as a child who has no one to suckle him))Then a man from the Ansar stood up and said: May he breastfeed, O Prophet of God. He said: So he stoned her.

And in a narration: When she gave birth, she brought him the boy in a rag, and said: This is what she gave birth to. He said: ((Go and breastfeed him until you wean him.)When she weaned him, she brought him the boy with a piece of bread in his hand, and said: This, O Prophet of God, I weaned him and he had eaten the food, so he gave the boy to a man. Of the Muslims, then he ordered her to be dug up to her chest, and he ordered the people to stone her. Then Khalid bin Al-Walid approached with a stone, and he threw a stone at her head, and blood dripped on it. Khaled’s face, so he cursed her, and the Prophet of God, may God bless him and grant him peace, heard him cursing her and said:((Wait, Khaled, by the One in whose hand is my soul, she has repented to a degree that if a tax owner had repented, he would have been forgiven.))Then he ordered that the prayer be performed over her and she was buried.[7].

Abu Bakr Al-Siddiq, may God be pleased with him, did not cut off Mistah’s maintenance until after his guilt in what he committed was proven.

She said: Abu Bakr, who was spending on a flat because of his close proximity to it and his poverty, said: By God, I will never spend anything on it after what he said. to Aisha, so God Almighty revealed: ((And let not those among you who are virtuous and prosperous go to the next of kin when he says: Would you not like God to forgive you?)Hibban bin Musa said: Abdullah bin Al-Mubarak said: This is the most hopeful verse in the Book of God. Abu Bakr said: By God, I would love to May God forgive me, so he returned to the level of expenses that he had spent on him.[8]And he said: I will never take it away from him.[9].

In the hadith: It is permissible to refrain from taking responsibility for sin as long as the possibility of not committing it exists. Because Abu Bakr, may God be pleased with him, did not cut off Mistah’s maintenance until after his guilt in what he committed was proven.[10].

Abdullah bin Ubayy was not flogged; Because no conclusive evidence has been proven to convict him, even though he is the head of the people of immorality, and it was said: Because the punishments are a relief for those who do them and an expiation, and the wicked is not worthy of that, and God has promised him great punishment in the afterlife, so that is enough for him to be punished.

It was said: Rather, he used to seek hadith, collect it, narrate it, and narrate it in the form of someone who was not attributed to him.

It was said: The punishment is not proven except by confession or evidence, and he did not acknowledge the slander, and no one testified against it, for he only mentioned it among his companions and they did not bear witness to it, and he did not mention it among the believers.

It was said: The punishment for slander is the right of a human being and cannot be fulfilled except by demanding it. And if it is said: It is the right of God, then the slanderer must be demanded, and Aisha did not demand it from Ibn Ubayy.

It was said: Rather, he abandoned his punishment for a benefit that was greater than his punishment, just as he abandoned killing him despite the appearance of his hypocrisy and his repeatedly speaking about what required him to be killed, which was to unite his people and not alienate them from Islam, because he was obedient to them and a leader over them, so his punishment did not guarantee provoking strife, and perhaps he left it in all of these ways. He was floggedIn the incident of deceptionMustah bin Uthatha, Hassan bin Thabit, and Hamnah bint Jahsh, and these are among the true believers out of purification and atonement. He left Abdullah bin Ubayy, so he is not one of that people.[11].

The right to innocence is guaranteed to everyone, so there is no difference between one who is known for righteousness and one who is known for corruption. Innocence is certain, and certainty cannot be removed except with similar certainty.

On the authority of Abu Hurairah, may God be pleased with him, that he used to say: The Messenger of God, may God bless him and grant him peace, said:((There is no child who is not born according to his natural disposition, and his parents make him Jewish, Christianize him, and sanctify him, just as an animal produces All of the animals, do you feel therein any cripples?)Then Abu Hurairah says: And recite if you wish:﴿God created what He created people. There is no changing God’s creation.(Al-Rum: 30)[12].

On the authority of Abu Hurairah, may God be pleased with him, he said: I heard the Messenger of God, may God bless him and grant him peace, say:((All of my nation will be exempted except those who declare it openly. And part of the act of openness is when a servant does something at night and then in the morning his Lord has covered him, and he says: O so-and-so, Yesterday I did such-and-such, and his Lord has covered him for the night, so he spends the night with his Lord covering him, and in the morning God’s cover from him will be revealed))[13].

Al-Ezz bin Abdul Salam said: The basic principle is disavowal of obligation. God created all of His servants, free of blame and bodies, from His rights and the rights of His servants until the reasons for their obligation are fulfilled.[14].

On the authority of Ibn Abbas, may God be pleased with them, that the Prophet, may God bless him and grant him peace, said: ((If people were given according to their claim, some people would claim the blood and property of men, but the oath is on the defendant.))[15].

A person’s behavior is always and forever based on the principle of safety, unless his actions appear that cause suspicion and suspicion, in which case the one who has authority and responsibility has the right to intercept him, investigate him, and interrogate him.

On the authority of Al-Sha’bi, on the authority of Al-Nu’man bin Bashir, may God be pleased with them both, he said: I heard him say: I heard the Messenger of God, may God’s prayers and peace be upon him, say – And Al-Nu’man loved With his two fingers to his ears:((The permissible is clear, and the forbidden is clear, and in between them are doubtful things that many people do not know about. So whoever avoids the doubtful things will be clear of his religion. And his presentation, and whoever falls into the doubtful things falls into the forbidden, like a shepherd who grazes around a fever area and is about to be grazed therein. Indeed, every angel has a fever, even if he has a fever. God is His incest, for there is a embryo in the body that if it is good, the whole body is good, and if it is spoiled, the whole body is spoiled, and it is the heart))[16].

One of us must be careful about his actions in front of people, so he does not put himself in doubt and say to himself: I do not care what people say as long as I am right. Because Islam requires its followers to be considerate of those around them so that their religion is safe from being harmed by harm, and their honor is safe from people’s involvement in it, then he must be careful of matters whose understanding is ambiguous in order to follow the path of safety and salvation. However, if he does not follow the path of caution, he slips into the path of temptation and forbidden things, and follows a path other than the path of the believers. Because he did not ask the scholars about what he was confused about[17].