Examining the place of the principles of fair trial in the teachings of the Islamic law

Document Type : Research Article

Authors

1 Ph.D. student of criminal law and criminology, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran (responsible

2 Associate Professor of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract

In order to achieve the goals of the judiciary from the point of view of Islam, which is the establishment of justice and justice, it is necessary to follow the principles of justice and, in different stages, to respect the rights of the defendants, especially the accused and the accused. The fair trial requires observing the defendant's defense rights in the proceedings. Defensive rights are the legal collection that the accused has in the process of trial to establish a fair trial, and is required by the criminal justice system. These rights are largely synonymous with the concept of a fair trial, and in fact a fair trial, the accusation of defending the rights of defense. These rights have been regarded as sacred, and in the quadruple sources of inference of judgments (book, tradition, consensus, reason) expressly or implicitly expresses some of these rights, such as the principle of innocence, independence and impartiality, respect for the dignity and dignity of individuals, Publicity, revision has been addressed. The purpose of this article is to study the position of the principles of fair trial in Islamic justice system and to study these principles in the Islamic law and the opinions and opinions of the jurists.

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History

  • Receive Date: 10 November 2018
  • Revise Date: 13 February 2019
  • Accept Date: 02 March 2019

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