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Presumption of innocence : The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted.

So the accused is innocent until it is proven he is guilty of the crime.

Presumption of guilt : A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent.

So a person is guilty until it is proven.

So which presumption do sharia courts follow, is accused person presumed as innocent or is he/she presumed as guilty?

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Presumption of innocence is the principle of Sharia law.

A penalty can only be spoken if

either

  • the sinner himself admits to be guilty

or

  • a qualified number of witnesses gives evidence of the deed.

Hence, the qualification of evidence by a qualified number of witnesses, or the requirement of an oath is part of Shari'ah law is regulated for several deeds.

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