جرح و تعدیل:ایک علمی وتحقیقی جائزہ

Prosecution and Defense: A Scientific and Research Review

Abstract

The adversarial legal system, with its distinct roles of prosecution and defense, presents a complex interplay of evidence, argumentation, and persuasion. This review examines this dynamic through a unique lens, integrating scientific and research findings with insights from Hadith studies, the body of narrations relating to the Prophet Muhammad's (ﷺ) words, actions, and approvals.  We explore how Hadith literature, with its meticulous focus on chains of narration (isnad), authentication (tahqeeq), and textual criticism, offers valuable parallels to modern evidentiary procedures.  The review analyzes the cognitive biases impacting both prosecution and defense, drawing parallels to the scrutiny applied to narrators in Hadith studies, such as assessing their memory, character, and potential biases.  We investigate the science of persuasion, considering how rhetorical devices and emotional appeals, while potentially effective, must be balanced against the pursuit of truth and justice, principles emphasized in Hadith ethics.  The review delves into research on witness testimony, comparing modern findings on memory and suggestibility with the Hadith tradition's emphasis on accurate and reliable reporting.  We examine how Islamic jurisprudence, informed by Hadith, addresses issues like circumstantial evidence, the burden of proof, and the importance of corroboration, providing a historical and ethical framework for evaluating evidence. The review also addresses the ethical considerations surrounding the presentation of evidence, drawing upon the Hadith tradition's strong emphasis on honesty, integrity, and the avoidance of falsehood. We also identify and describe the famous and known words used by the hadith prosecutors and defenders words that provide a medium of getting or ignoring of an argument about a Narrator. This review aims to provide a comprehensive overview of the scientific and research literature relevant to the roles of prosecution and defense, enriched by the historical and ethical dimensions offered by Hadith studies, offering a unique perspective on the pursuit of justice.