The burden of proof can be defined as the responsibility of presenting evidence to court showing that the criminal act in question was committed by the accused specified in the case file, in a criminal case brought before the competent and responsible court. It is extremely important to determine who bears this responsibility, which has a direct effect on the proof of the crime, the determination of the punishment to be imposed, and its individualization. According to Islamic law, the presumption of innocence is essential. Therefore, in order to initiate an investigation against a person accused of committing a crime, certain characteristics and amounts of evidence must be presented to apply security measures, file a lawsuit, and finally be sentenced, depending on the crime in question. Considering the multi-faceted responsibility that can be listed as collecting and preserving these evidences in accordance with the relevant law, making the necessary examinations on them, and ensuring that they are discussed in the court, it becomes more important to determine which party of the lawsuit has the burden of proof (onus probandi) in criminal procedures. Furthermore, the evidences which elicit material fact related to the subject must be presented on time and completely in order to realize the aims of criminal law’s sanctions which can be listed as deterrence, prevention, and restitution. However, sometimes, some forensic and cyber security specialists may be required to get pieces of evidence of committed crimes counter forensics ways like cyber-attack, using some chemical and biological materials as an offensive weapon, deletion or alteration of voice and imagery records. Additionally, acquiring new kinds of evidence that emerged in parallel with scientific developments and using different methods developed for the detection of evidence that is tried to be destroyed also mean an additional burden that does not seem possible to be defined within the personal responsibility area of the victim. Considering the above-mentioned issues, the adequacy of the statements that center on individual responsibility in determining who or which party bears the burden of proof in Islamic criminal procedure law, especially for crimes that concern the general public, in finding solutions to today’s issues should be reviewed. When the sources are scanned for this purpose, it will be seen that the idea that centers on individual responsibility regarding the burden of proof is generally based on a verse from the Qurʾan and a hadith. This verse is about the proof of the accusation of adultery. Since it is clearly stated in the continuation of the verse that if the alleged crime cannot be proven, another crime (qazf) will be committed, it is debatable that this verse is a basic rule for the general criminal procedure law. The hadith, which is a famous narration in the relevant parts of Islamic law sources, seems to be a solid evidence of the current thought at first glance since it states that it is the responsibility of the plaintiff to present evidence and the responsibility of the defendant to take an oath. However, when this hadith, which is used without making any distinction between the type of case and the procedure of judgment, is examined in detail, the results are remarkable. In addition, while the claimant’s expression is included in the narration with the definitive article, the use of its scope as if it is limited to the personal claimant is another point that causes uncertainty on the subject. In addition, while the subject of the oath, which is one of the means of proof, is discussed in the sources, detailed information is presented about the situations in which the oath can be offered and the legal consequences for what kind of cases to avoid taking the oath. It can be said that the distinction between civil and criminal cases, personal criminal cases, and public cases in these sections provide clues in determining the party to which the burden of proof belongs in Islamic criminal procedure law. In this study, firstly, the concepts of evidence, proof, and burden of proof will be discussed. Then, the verse and hadith mentioned on this subject will be evaluated. Afterward, it will be determined who or which party has the burden of proof in Islamic criminal procedure law, with some contexts that will help to eliminate the uncertainty about the subject. [ABSTRACT FROM AUTHOR]