ތަޙުޤީޤުކުރާ މައްސަލައިގެ ޙައްޤު ދެނެގަތުމަށްޓަކައި ތުހުމަތު ކުރެވިފައިވާ މީހާއަށް އަދަބުދިނުން ޝަރުޢީ ނަޘަރަކުން

Abstract

The objective of this research is to facilitate to determine in light of literature of Shariah if standards of investigation are upheld, if any standards established in Maldives for investigation conform to Shariah, and because some accused are regular offenders it may be difficult to investigate a case without a punishment, to determine what type of punishment should be given to the accused to prove the case being investigated. The methodology used is an inductive, analytical and critical review of literature. A human being is presumed innocent and cannot be punished unless evidence of a crime exists against them, in a situation where the right of a person cannot be protected otherwise because the accused would not plead guilty despite the existence of evidence of their crime. Physical punishment must be restricted to the minimum and may be differentiated between muslims and non-muslims.