Presumption of Innocence in Sheria and Human Rights

A Critical Review of the Taliban’s Law on Promotion of Virtue and Prevention of Vice

By Sahar Neko-manesh [1] 

A: Introduction

The presumption of innocence is one of the foundational principles of criminal justice. It is strongly emphasized in both Islamic legal systems and international human rights instruments. Under this principle, no person may be regarded as guilty unless their offense is conclusively proven in a competent court through valid and reliable evidence. This principle serves as one of the most essential safeguards for justice and individual freedom in society.

B: Discussion and Analysis

1. The Presumption of Innocence in Islamic Sharia Principles

In Islamic Sharia, the presumption of innocence is a firmly established principle of criminal jurisprudence. Islamic jurisprudence is built upon justice, human dignity, and the prohibition of coercion. The Holy Quran states in verse 12 of Surah Al-Hujurat: “O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.” 

It also states in verse 164 of Surah Al-An'am:

 “No bearer of burdens will bear the burden of another.” This verse forms the basis of the rule known in Islamic jurisprudence as the presumption of innocence (اصل برائت).

From the perspective of Islamic jurists, the presumption of innocence means that a person is inherently free from any legal obligation or guilt unless definitive evidence proves the contrary. In Islamic criminal jurisprudence, the well-known maxim “Idra’ū al-ḥudūd bi al-shubuhāt” (often translated as “Avert or avoid the hudud punishments in cases of doubt and ambiguity. This strongly emphasizes this very principle (the presumption of innocence).

This hadith is recorded in reliable sources of both Sunni and Shia traditions, indicating that Islam does not impose punishment in the presence of even the slightest doubt.

The Constitution of Afghanistan (2004) which draws inspiration from Islamic Sharia, similarly provides in Article 25: “The principle is innocence. No person shall be considered guilty until proven so by a final court judgment.” 

Therefore, the presumption of innocence in the Islamic system is not merely a jurisprudential rule but a recognized legal and constitutional principle in contemporary Islamic legal frameworks.

2. The Presumption of Innocence in International Human Rights Instruments

At the international level, the presumption of innocence is a cornerstone of the right to a fair trial.

Article 11 of the Universal Declaration of Human Rights (UDHR) states: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”

Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR) provides: “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.”

These two major international instruments emphasize the rights to defense, public trials, impartial tribunals, and the requirement that guilt be proven by the prosecuting authority.

Furthermore, Article 19 of the Cairo Declaration on Human Rights in Islam (1990) states: “No one shall be arrested, imprisoned, or punished without a Sharia-based offense. The accused is innocent until guilt is proven in court.”

Thus, the presumption of innocence holds an equally prominent position in both Islamic and international systems, with the common aim of protecting human dignity and honor.

The Taliban’s Law on Promotion of Virtue and Prevention of Vice

The text of the Taliban’s law does not mention the presumption of innocence of the accused in any article. Instead, it primarily focuses on behavioral regulations, dress codes, disciplinary punishments, and public oversight.

Only clause 1 of Article 10, concerning the conduct and principles of Muhtasibs (Morality Officers), refers to respecting the personality and human dignity of every individual and treating them with good manners during the performance of promotion of virtue and prevention of vice duties.

Although the Taliban’s Law on Promotion of Virtue and Prevention of Vice makes some reference to preserving dignity, it does not, structurally or formally, recognize or mention the presumption of innocence as a criminal legal principle.

C: Conclusion

The presumption of innocence of the accused is one of the most important principles of criminal justice in both Islam and international human rights law. It is grounded in human dignity and divine justice. The Holy Quran, Prophetic traditions, and Islamic jurisprudential sources all emphasize the innocence of individuals until guilt is proven.

At the international level, Article 11 of the Universal Declaration of Human Rights and Article 14 of the International Covenant on Civil and Political Rights recognize this principle as a fundamental right of every person.

However, the Taliban’s Law on Promotion of Virtue and Prevention of Vice, endorsed and enacted in 2024, completely overlooks this important principle. No article in the law explicitly addresses the innocence of the accused or the necessity of proving guilt in a fair court. Its focus lies primarily on behavior, dress, and social restrictions.

It can therefore be concluded that authentic Islam—unlike the narrow interpretation applied by the Taliban—regards the presumption of innocence as a foundational element of justice and divine mercy. Islam not only does not conflict with this principle but has been a pioneer of it in the history of human justice, establishing its foundation on faith, reason, and divine justice.

List of References:

1. The Holy Quran: Surah Al-Hujurat (verse 12); Surah Al-An'am (verse 164).
2. Universal Declaration of Human Rights (1948), Article 11. United Nations.
3. International Covenant on Civil and Political Rights (1966), Article 14, paragraph 2. United Nations.
4. Cairo Declaration on Human Rights in Islam (1990), Article 19. Organization of Islamic Cooperation.
5. Constitution of Afghanistan (1382 / 2004), Article 25. Islamic Republic of Afghanistan.

[1] A Graduate of the Legal Training Program offered by FTD-N