Studying the Dwelling and Its Jurisprudential Controls in the Criminal Investigation

Abstract

The research aims at investigating the Sharia ruling on examining the
dwelling whether through spying or entering and searching it. Also,
the study focuses on the jurisprudential controls for entering and
searching the house in the criminal investigation process. The
inductive analytical approach was used to achieve study goals. The
findings found that spying on houses is (Haram) forbidden in the
criminal investigation process under any conditions. Besides, Entering
the houses is permissible with restrictions, including permission before
entering, commitment to its purpose, and it is permissible in some
cases without permission according to necessity and in the public
interest. In addition, searching the house is permissible with
restrictions, such as the existence of a reason for searching, the house
should be designated, adhering to the purpose of searching, searching
is carried out only by the detective or whoever authorized to.
Moreover, the search must be in the presence of the owner of the
dwelling, taking into account the time of searching as it should not be
at night. Finally, the violation of these jurisprudential controls in the
searching leads to the invalidity of it, and thus the evidence drawn
from the searching is not valid.