Ma`rifat

In every legal system, criminal procedure aims at ensuring both justice and the preservation of public order. These two goals often conflict during trials, leading to the emergence of theories emphasizing either justice or order, as well as attempts to reconcile them. This study, using a descriptive and analytical approach, examines these perspectives and their effects on criminal proceedings. Findings indicate that neither theory fully captures the reality of criminal law. In Islamic legal thought, grounded in revelation and a teleological view of punishment, principles such as the separation of legislation and adjudication, judge-centered proceedings, and differentiated policies toward various crimes are emphasized. Within this framework, while public order is highly significant, justice is regarded as the ultimate and intrinsic goal, as it embodies the mission of prophets, serves as the foundation of values, and ensures sustainable order. According to Allameh Mesbah Yazdi, the essential duty of judges and judicial officers in Islamic law is the realization of justice. Public order, although valuable, is considered an intermediate objective that facilitates the achievement of true justice.