Legal And Sharia-Based Regulations for Interrogation and Criminal Investigation Procedures in Islamic Jurisprudence

HRMARS - This study utilizes a descriptive-analytical methodology to examine the Sharia-based regulations governing criminal investigation and interrogation within Islamic jurisprudence, highlighting the frameworks that ensure justice, safeguard rights, and preserve human dignity. Given that these investigative phases directly impact personal liberties, the study clarifies how Islamic law conceptualizes them not merely as mechanisms to prove guilt, but as an integrated system to uncover the truth through ethical and legitimate means. The study defines interrogation as confronting a suspect with evidence while enabling their defense, and criminal investigation as the procedural gathering of evidence prior to judicial adjudication. The findings demonstrate that these procedures are anchored in foundational principles, most notably the presumption of innocence, justice and equality, and the protection of human dignity. Furthermore, strict regulations govern both the investigator and their methods, strictly mandating integrity and neutrality while absolutely prohibiting coercion and torture. Islamic law guarantees crucial protections for the accused, including the right to a defense, protection against self-incrimination, and the requirement of free will for valid confessions. Ultimately, the study concludes that Islamic jurisprudence has established a comprehensive criminal justice system that effectively balances society’s right to security with the individual's right to liberty and a fair trial. This underscores the pioneering and holistic nature of Islamic law in pioneering procedural justice and protecting fundamental human rights.