مبدأ قرينة البراءة بين الشريعة الإسلامية والقانون الوضعي

Abstract

This note dealt with the principle of presumption of innocence is a comparative study between Islamic law and positive law. On the grounds that this principle is a guarantee of the safeguards that protect edema person that relates the rights of others. The basic principle in human innocence and the recognition of human origin of a patent is to protect individual freedom. As the right of human rights. This principle was endorsed by Islamic law, as well as man-made laws and took it. However, the problematic arises in the case of the indictment of the individual. So the presumption of innocence and the charge Throughout the course of the stages of the criminal case before a final judgment unqualified hand with jurisdiction Because of that singled out each of the Islamic Sharia and The law this case accusation. Several procedures and controls keep pace with all stages of the criminal case, aimed at protecting individual rights and the right of the accused to be treated as an individual who is still on the patent. Pursuant to the origin of human innocence principle, and the resulting outcome in favor of the accused. It is - the inquiry, investigation and trial proceedings On the other hand aims to protect public rights community. In order to settle the rights and enjoy security and tranquility. . And certainly is a difficult equation, Constitute reconcile the element real bet against the Islamic criminal Fiqh. and the Penal legislator, And judge alike. The study focused on the interim custody of the accused in the investigation and trial stage penal But this procedure is one of the most dangerous actions that affect the freedom of the individual, And which illustrate the issue of the budget and harmonization between the private and public interest, Adopted by both the Islamic Shariah and focusing on the Algerian Code of Criminal Procedure.