Journal of Islamic Law Research

Journal of Islamic Law Research

Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention

Type : Research Article

Author
Abstract
Regarding to the importance of prisoner's right in islam and that the Iranian Law has been under influence of shia jurisprudence and also regarding to international conventions related to right to compensation for unlawful arrest or detention, the study of this issue is necessary.
To have a discussion of this issue we should pay attention to the important subject which referred in jurisprudence as "lost benefits" of human being, by the reason that according to a theory in jurisprudence, the lost benefits of human being are no under the guarantee but according to other theory, they are under the guarantee in some circumstances. So we have discussed this issue and then the issue related rules such as the rule of Ehteram, Etlaf, and the rule of Lazarar as the basis of the issue of right to compensation for unlawful arrest or detention. Thus we examined the related rules in the present research.
Keywords

Volume 20, Issue 2 - Serial Number 50
September 2020
Pages 301-324

  • Received 11 February 2019
  • Revise 11 December 2019
  • Accepted 05 February 2020