The New Nation - Internet Edition

Can an accused be forced to deposition? It is a vital question nowadays. Police arrest an accused sometimes on suspection, sometimes on mere compalin and sometimes on specific charges. Thereafter, the accused is produced before the court of law. If the Police beg remand for further investigation, the court may grant it or may not. Regarding the remand, there is strong allegation that Police usually physically and mentally torture the accused for obtaining self-deposition. Even there is report of death in custody while interrogating. Let us try to find answer in Islam to this sensitive mater.

Imam Abu Yusuf (731-782 A.D.), one of the two main disciples of Imam Abu Hanifa, was the Chief Justice during the reign of Harun-or-Rashid. At the instruction of the Caliph, Imam Yusuf wrote a law book named Kitabul Kharaz. This book is not the full picture of the Islamic laws but it helps students of laws to develop primary ideas.

The chief justice discussed not only law matters, he also touched the revenue system in Islam. In support of his argument, he referred to the Quran and the traditions of the Prophet Muhammad (SM), the first four Caliphs of Islam, namely, Hazrat Abu Bakar (RA), Hazrat Omar (RA), Hazrat Uthman (RA) and Hazrat Ali (RA) bin Abu Talib, and Hazrat Omar bin Aziz of the Ummayad Principality.

In the matter of laws, Imam Yusuf writes:

No man shall be arrested on mere complain of other. Firstly, an intensive primary investigation is to be made. If sufficient evidences are found, the accused can then be arrested. After arrest, he should be produced before court for justice, but under no circumstances he should be physically tortured unless and otherwise the court decrees so.

The ruler must not appoint a person having vindictive mind in any public offices. If the ruler does so, he shall share the responsibilities of wrong-doings of that vindictive man. The ruler shall work to resist oppression of man by another and ensure justice for all.

Rabbani

Dhaka