This study addresses the issue of a defendant's confession—considered as a form of legal evidence in Islamic law—when obtained through unlawful means such as coercion. The aim of the study is to demonstrate that Islam prohibits the use of such unlawful methods to extract confessions, and to establish that confessions obtained in this manner are neither valid nor admissible. The study covers the concept of coercion, its classifications, and the extent to which a confession extracted under coercion can be considered legally valid or binding. It also presents the opinions of Islamic jurists and legal scholars in both Islamic jurisprudence and positive law.

Among the key findings of this study is that extracting a confession through coercion is impermissible, and any confession resulting from such methods is invalid both in Islamic law and in judicial proceedings. The study recommends prohibiting this inhumane practice and taking all necessary measures to prevent and restrict its use, except in cases of extreme necessity.

Title

مجلة جامعة الزيتونة الدولية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Both (Printed and Online)

Volume

35

Year

2025

Pages

98-115