"تحقیقات کے دوران ملزم پر جبر و تشدد: اسلامی شریعت اور پاکستانی قانونی نظام کا تقابلی مطالعہ "

Abstract

The use of coercion and torture during criminal investigations remains one of the most contentious issues in criminal justice, as it directly affects the protection of human dignity, the right to a fair trial, and the admissibility of evidence. While modern legal systems have increasingly prohibited the use of torture and other forms of cruel, inhuman, or degrading treatment, allegations of coercive investigative practices continue to raise serious legal and ethical concerns. Islamic Shariah, on the other hand, establishes comprehensive principles for safeguarding human life, dignity, and justice, strictly prohibiting oppression, unlawful coercion, and forced confessions. Similarly, the Constitution of Pakistan and the country's criminal laws provide legal safeguards against torture and uphold the fundamental rights of the accused.

This study presents a comparative analysis of the treatment of coercion and torture during criminal investigations in the light of Islamic Shariah and the Pakistani legal system. It examines the concept and legal status of torture, the admissibility of confessions obtained through coercion, the rights of the accused during investigation, and the responsibilities of law enforcement agencies. The research further evaluates the extent to which Pakistani laws and judicial practices conform to the principles of Islamic jurisprudence and internationally recognized standards of human rights.

Employing a qualitative and comparative research methodology, the study relies on primary sources, including the Qur'an, Sunnah, classical works of Islamic jurisprudence, the Constitution of Pakistan, statutory laws, and judicial precedents, as well as relevant secondary literature. The findings indicate that both Islamic Shariah and Pakistani law categorically reject torture and coercion as unlawful means of obtaining evidence or confessions. However, practical challenges in the implementation and enforcement of legal safeguards continue to undermine the effective protection of the rights of the accused. The study concludes by recommending institutional reforms, effective accountability mechanisms, enhanced legal oversight, and the strict enforcement of constitutional and Shariah-based principles to ensure justice, transparency, and respect for human dignity throughout the criminal investigation process.