RIGHT TO REMAIN SILENT: COMPATIBILITY WITH SHARĪ‘AH AND POSITION IN PAKISTAN

Abstract

Miserable situation of the rule of law and the protection of fundamental human rights are the common problems of entire Muslim world. Their misery cannot be separated from them unless they sort out certain basic points they are confused with. One of such points is whether the fair procedure towards justice is more important than the justice itself. Protection against compulsion to self-incrimination is a component of the right to fair trial, but, in fact, it is not strictly confined to the trial. It comes into consideration at the very arrest of a suspect, has enormous significance during investigation; and, after all, attracts to the court’s procedure. Sunnah of the Prophet Muhammad (May peace and mercy be upon Him)97 provides a strong shield to the accused from being compelled to incriminate him. On the basis of Holy sayings and practices of the Prophet Muhammad, Sharī‘ah promotes the right of suspects and accused.