Jurisprudence

Adopted from the book: "The rights of prisoners according to Islamic teachings" by: "Sayyid Muhammad Sadiq al-Shirazi"

There are various approaches and strategies that may be adopted to uncover the truth without resorting to torture, despite the complexity of the cases involved. Arriving at the truth through permissible and scientific means is possible although it takes time and expertise for this to be achieved.

Psycho analysis

A body was discovered in the city of Isfahan, during the governorship of Hujjatul-Islam Muhammad Baqir al-Shefti. He explored various avenues to identify the murderer but to no avail. He eventually called upon the services of an experienced psychoanalyst, who examined the corpse thoroughly.

He then ordered all the butchers (of the city) to a gathering in the presence of the governor, and in that gathering he asked them to line up such that their backs are to the governor. In the end, he told the butchers, "You can go now." As they began to walk away, he said, "You! The murderer, where are you going?" at this moment suddenly one of them unconsciously turned back. The expert ordered him to be detained, and when after questioning, it became apparent that he was the murderer.

Afterwards when the psychoanalyst was asked how he arrived at his conclusion, he said that when he examined the corpse, he noticed traces on the clothing of the deceased, which were indicative of the murderer wiping clean the murder knife, and this is the practice of the butchers when they slaughter a sheep, they wipe clean their knife on the wool of the animal.

The murderer is aware of his crime but he suppresses his conscience to keep it hidden, however occasionally the crime is revealed through a slip of an action if he is caught unawares. Imam Ali (A) is reported as saying; Muhammad Taqi Kadhem al-Tustari, 1321-1410 H, and also the book "Astonishing Judgements" by Ibn Abil-Hadid al-Mo'tazili.

"An individual does not intend something unless it shows in the expressions of his face, or in the slips of his tongue." 17

Notes:

17. The governor Nahj-al-Balaghah, Short Words of Wisdom; 526