The Development of Criminal Investigation: A Comparative Study between Law and Islamic Jurisprudence

Abstract

This research examines the evolution of criminal investigation as a crucial procedural stage occurring between the discovery of a crime and the presentation of the case to the competent court. In Iraqi law, this stage is governed by precise legal rules pertaining to initiating proceedings, gathering evidence, hearing witnesses, interrogating the accused, appointing experts, conducting searches, arresting and detaining suspects, and evaluating evidence. The research begins with the fundamental premise that criminal investigation is no longer merely a formal pre-trial procedure, but has become a complex system that combines the requirements of uncovering the truth, protecting individual freedom, preserving human dignity, and preventing the abuse of power. The research also compares the modern legal perspective with the Islamic jurisprudential perspective, finding common ground in the essential principle that justice is not based on mere suspicion, coercion, or personal bias, but rather on verification, the integrity of the path leading to evidence, respect for the accused's right to defense, and a balance between society's right to punish and the individual's right to protection from false accusation. This research addresses the nature, characteristics, methods, and safeguards of criminal investigation, examining the impact of confessions, testimonies, circumstantial evidence, expert opinions, and modern techniques on establishing judicial conviction. It draws upon the Iraqi Code of Criminal Procedure No. 23 of 1971, as amended, the 2005 Iraqi Constitution, and established Iraqi procedural jurisprudence analyzing the nature, functions, and limits of investigative authority. The study concludes that the legitimacy of an investigation is not solely determined by the quantity of evidence, but also by the integrity of the procedures for obtaining and recording it, and by enabling the parties involved to discuss it. Furthermore, the study asserts that Islamic jurisprudence provides a crucial ethical foundation for strengthening safeguards of verification, preventing suspicion, and rejecting coercion, while modern law offers the necessary institutional and oversight framework to translate these values ​​into practical procedures subject to judicial review. The study also emphasizes that developing criminal investigation in Iraq necessitates combining the legal qualifications of investigators with technical expertise in handling scientific and digital evidence, and strict adherence to constitutional and procedural safeguards.