 the presumption of innocence, sometimes referred to by the latin expression ei incumbit probatio qui dicit, non qui negat (the burden of proof is on he who declares, not on he who denies), is the principle that one is considered innocent until proven guilty. in many nations, presumption of innocence is a legal right of the accused in a criminal trial. the burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond reasonable doubt. if reasonable doubt remains, the accused is to be acquitted. == history == === roman law === the sixth century digest of justinian (22.3.2) provides, as a general rule of evidence: ei incumbit probatio qui dicit, non qui negat"proof lies on him who asserts, not on him who denies". it is there attributed to the second and third century jurist paul. === islamic law === similar to that of roman law, islamic law also holds the principle that the onus of proof is on the claimant, based on a hadith documented by imam nawawi.imam nawawi. 1977. an-nawawiâs forty hadith (second edition english translation by ezzedin ibrahim). damascus: holy koran pub. house, hadith no. 33 'suspicion' is also something that is highly condemned, also from some hadith documented by imam nawawiriyaadus shaaliheen, hadith no. 1573 as well as imam bukhari sahih al-bukhari (english version), vol. 8, book 73, hadith 90 and imam muslim.sahih muslim (english version), book 32, hadith 6214 after the time of muhammad, the fourth caliph ali ibn abi thalib has also been cited to say 'avert the prescribed punishment by rejecting doubtful evidence.' imam ibn hajar's bulugh al-maram (english version), book 10, hadith 1260 there have been theories that the modern principle of presumption of innocence was not actually brought about by roman law, rather it was by the influence of islam.prof. john makdisi traces the islamic origins of the common law. read more: http://www.themuslimtimes.org/2011
Criminal_procedure Doubt Legal_doctrines_and_principles