اسلام اور پولیس کے نظامِ تفتیش کا تقابلی جائزہ

(A COMPARATIVE STUDY OF THE ISLAMIC AND POLICE INVESTIGATION SYSTEMS)

Abstract

This research paper offers a comprehensive comparative analysis of the Islamic concept of investigation (Nizām-e-Taftīsh) and the modern police investigation system, with a focus on ethical, procedural, and legal foundations. The study aims to explore how the principles of justice, accountability, and protection of human dignity—central to Islamic jurisprudence—can serve as guiding parameters for contemporary police practices.

In Islamic law, investigation is not merely a procedural formality but a moral responsibility grounded in fairness (adl), honesty (sidq), and the sanctity of human rights. The Qur’an and Sunnah repeatedly emphasize the prohibition of false testimony, coercion, and injustice, establishing a system where evidence must be based on truth, witnesses must be trustworthy, and suspects must be treated with compassion and respect. For instance, the Prophet Muhammad ﷺ strictly forbade forced confessions and emphasized that “the burden of proof lies upon the claimant, and the oath is upon the defendant,” a maxim that forms the cornerstone of Islamic criminal jurisprudence.

By contrast, the modern police investigation system—though developed with advanced scientific methods and legal frameworks—often faces moral and procedural deficiencies such as the misuse of power, custodial violence, and bias in interrogation. These challenges highlight the urgent need for a synthesis between ethical spirituality and professional efficiency.

Through a comparative lens, this paper argues that Islamic investigative principles provide a more humane and equitable model that complements contemporary law enforcement needs. It proposes that the integration of Islamic ethics into modern police training and investigative protocols can enhance public trust, ensure transparency, and foster accountability. Ultimately, the research concludes that a hybrid framework—where modern procedural standards are aligned with the ethical imperatives of Islam—can establish a just, compassionate, and effective system of investigation in Muslim societies.