The Impact of the Rational Principle of Acquittal — “No Punishment Without Prior Declaration” — on the Issuance of Judgments by Criminal Courts

Abstract

The rational principle of acquittal, expressed in Islamic legal theory through the maxim “the reprehensibility of punishment without prior declaration,” is one of the most significant rational, jurisprudential, and legal foundations for limiting punitive power and ensuring justice in criminal proceedings. This principle is based on the idea that no person may be punished for an act or omission unless the relevant prohibition or obligation has previously been declared in a clear, valid, accessible, and foreseeable manner. The present study aims to examine the impact of this principle on the issuance of judgments by criminal courts and to explain its role in realizing the principle of legality, the presumption of innocence, the prohibition of expansive interpretation of criminal statutes, the prohibition of analogy against the accused, and the necessity of proving all elements of the offense. This study adopts a descriptive–analytical approach and relies on sources in Islamic jurisprudence, legal theory, and criminal law. The findings indicate that the rule of no punishment without prior declaration is influential not only at the legislative stage but also in statutory interpretation, evidentiary assessment, protection of the accused’s defense rights, and the drafting of reasoned judgments. Accordingly, a criminal court may issue a conviction only when, first, the accused’s conduct had been clearly criminalized before its commission; second, the conduct is certainly covered by the relevant legal provision; third, all legal, material, and mental elements of the offense have been established by valid evidence; and fourth, the judgment is reasoned in a way that clearly explains why the presumption of innocence has been displaced. The study concludes that adherence to the rational principle of acquittal does not weaken criminal justice; rather, it prevents unjust punishment and strengthens the legitimacy, transparency, and reliability of criminal judgments.