Mansur al-Hifnawi

Mansur al-Hifnawi (fl. 14th–15th century AH / 20th century CE), fully named Mansur Muhammad Mansur al-Hifnawi, is a scholar of Islamic jurisprudence and comparative legal studies, known for his work on Islamic criminal law al-Sia wa al-Diq fi al-Ab….

Scholarly Work and Thought

Al-Hifnawi specialized in the study of penal law and the comparative analysis of Islamic jurisprudence alongside modern statutory legal codes al-Shubuhat wa Atharuha f…. His primary work is al-Shubuhat wa Atharuha fi al-Uquba al-Jinaiyya fi al-Fiqh al-Islami Muqaranan bi al-Qanun (Doubts and Their Effect on Criminal Punishment in Islamic Jurisprudence Compared to Statutory Law), published in 1406 AH (1986 CE) al-Sia wa al-Diq fi al-Ab….

In his research, al-Hifnawi examined the substantive foundations and procedural mechanisms governing criminal accountability, focusing particularly on the established Islamic legal doctrine of warding off prescribed punishments (hudud) when plausible doubts (shubuhat) are present al-Sia wa al-Diq fi al-Ab…+1. He explored how classical legal maxims—such as "certainty is not removed by doubt" (al-yaqin la yazulu bi al-shakk)—parallel fundamental modern judicial principles, including the presumption of innocence and the rule that any doubt must be interpreted in favor of the defendant, as reflected in various modern constitutions and international human rights frameworks al-Shubuhat wa Atharuha f…. His analysis also encompasses the standards of judicial proof—including confessions, witness testimonies, and circumstantial evidence—and their direct bearing on the validity of criminal charges and penalties al-Shubuhat wa Atharuha f….