Intellections and Arguments of a Show Cause Notice in the Qur’anic Perspective; Its Utility and Applications for the Modern Criminal Justice System

Abstract

Islam is a full code of life which covers the legal and political concerns of both the state and the individual. Islamic politio- legal system ensures the fundamental and natural rights of all citizens. One such speaks for taking no action against a person based on an allegation until his response is heard and/or documented. The Islamic law advocates for a right of an individual to be informed through a show cause notice in face of the situation and to ascertain whether the allegations against him are true or false. This article discusses the show cause notice, its parameters and ingredients in the Islamic perspective. The main purpose is to analyse the compliance and universality of the Islamic law which believes in human rights to be stood erected for the peace and tranquillity of human society from International human rights perspective. There are several incidents in the Holy Quran which clarify the procedure of initiation, service and application of a show cause notice in terms of rights of accused. This paper focuses on four stories amongst these Holy verses. All the stories contain a complete procedure of show cause notice. The conclusion drawn is that the contemporary law of Pakistan w.r.t the procedure of Show Cause Notice is in due accordance with the Quranic instructions.

Keywords: Show Cause Notice, Human rights, Islamic Law, Legal System