Principles Governing a Fair Trial under Islamic Jurisprudence and International Law

Amin Karamzadeh, Zahra Feiz

Abstract


A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.


Keywords


Islamic Jurisprudence; Human Rights; Human Dignity; Fair Trial; Islamic Law

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References


Akhoondi, Mahmoud (2005), Criminal Procedure (Thoughts), Tehran, Majd Publications.

Alizadeh Ashkalak, Habib (2008), Criminal Procedure Code 2, Imam Sadegh (AS) University.

Ameli (Shahid Thani) (1413), The Schools of Understanding, First Edition, Qom, Islamic Knowledge Institute.

Ameli (Shahid Thani), Zayn al-Din bin Ali (1403), Al-Rawdha al-Bahiyya in the explanation of the people of Damascus, Qom, seminary.

Ansari, Morteza Ibn Mohammad Amin (1415), Judgment and Martyrs, First Edition, Qom, Bagheri Press.

Ardabili, Mohammad Ali (2004), Supervision, a collection of articles in honor of Dr. Mohammad Ashouri, Tehran, Samat.

Ashouri, Mohammad (2004), Human Rights and Concepts of Equality, Fairness and Justice, Tehran, Faculty of Law and Political Science, University of Tehran.

Barari Larimi, Mohammad, Darvafshan acceptance, Seyed Mohammad Taqi (2010), The rights of the accused with a jurisprudential approach,Jurisprudence and Islamic law,second year,number two,pp.23-51.

Behouti, Mansour Ibn Younis (1418), Kashaf al-Qana 'on the text of al-Qana', Beirut, Dar al-Kitab al-Alamiya.

Fadhil Miqdad, Miqdad Ibn Abdullah (1430), The Treasure of Mysticism in the Fiqh of the Qur'an, Qom, Navid Islam.

Farahzadi, Ali Akbar (2000), A Brief Introduction to the Basic Principles of Justice in Islam, Journal of Judicial Law Perspectives, No. 19, pp. 37-80.

Fazaeli, Mostafa (2008), Fair Trial in International Criminal Trials, Tehran, Shahr-e-Danesh Institute for Legal Studies and Research.

Fazaeli, Mostafa (2014), The position and principles of fair trial in human rights and Islamic judicial doctrine, Quarterly Journal of Comparative Research in Islamic and Western Law, First Year, No. 1, pp. 159-178.

Javadi Amoli, Abdullah (1389), Tafsir Tasnim, Qom, Esra '.

Gholipour, Hassan, Ahmadi, Seyed Mehdi, Jafari Matmeh Kalaei, Mohammad Hassan (2014), A Study of the Principle of Interdependence Equilibrium in International Judicial and Commercial Arbitration, Research in Islamic Jurisprudence and Law, Year 10, No. 37.

Ghorbannia, Nasser (2002), Legal Justice, Tehran, Publication of Contemporary Knowledge and Thought.

Hali (Allama Hali) (1413), Various Shiites in the rules of Sharia, research, Islamic Publishing Institute, Qom, Society of Teachers.

Hali (Allama Hali), Hassan Ibn Yusuf (1413), Rules of rulings in the knowledge of Halal and Haram, Volume 10, Qom, Teachers Association.

Hali (Mohaqeq Hali), Abu al-Qasim Najmuddin Ja'far ibn al-Hassan (1408), Sharia of Islam in matters of Halal and Haram, Qom, Ismailis.

Har'amli, Muhammad ibn Hassan (1416), Shiite means in the study of Sharia issues, Qom, Al-Bayt Institute for the Revival of Heritage.

Hosseini Ameli, Mohammad Javad (unpublished), Muftah al-Karama in the explanation of the rules of Allama, Beirut, Darahiyah Al-Tarath Al-Arabi.

Ibn Babavieh, Mohammad Ibn Ali (1415), Al-Muqna, research and correction of the research group of Imam Hadi Institute (AS), Qom, Imam Hadi Institute (AS).

Ibn Hamza Tusi, Muhammad Ibn Ali (1408), Al-Wasilah to the Nile of Virtue, Qom, Al-Sayyid Al-Marashi School.

Ibn Idris (1410), Al-Sarair Al-Hawi for writing Fatwas, Volume II, Qom, Publications of the Islamic Publishing Institute.

Ibn Rushd, Muhammad Ibn Ahmad (1415), The Beginning of the Mujtahid and the End of the Muqtasad, researched by Khalid Attar, Beirut, Dar al-Fikr.

Kasani, Abi Bakr Ibn Mas'ud (1409), Innovations of industry in the order of Sharia, Pakistan, Al-Habiba School.

Kashani, Seyed Mahmoud (1374), International Standards of Justice, Tehran, Roshd Publications.

Katozian, Nasser (2000), A Step Towards Justice, Proceedings 2, Faculty of Law and Political Science, University of Tehran.

Khazaei, Manouchehr (1373), The principle of innocence and giving evidence in a criminal lawsuit, Journal of Legal Research, No. 14, pp. 127-144.

Khedri, Saleh (2015), Fair Trial in International Commercial Arbitration, Journal of Comparative Law Studies, Volume 6, Number 2.

Klini, Mohammad Ibn Yaqub (1367), Al-Kafi, Research: Ali Akbar Ghaffari.

Omidi, Jalil (2000), The rights of the accused in court based on international and regional documents related to human rights, Journal of the Bar Association, No. 171, pp. 43-70.

Philosophical, Hedayatullah (1375), The position of human beings in international law, Journal of Legal Research, No. 18.

Qanavati, Jalil, Mandani, Islam (1397), ethics and fair trial in the light of the predictability of the rules of procedure, ethical research, eighth year, number three, pp. 159-183.

Qasemi, Zahir (1411), The system of rule in Sharia and history, Beirut, Dar al-Nafas.

Rahgsha, Amir Hossein (2004), A Look at Dispute Resolution Councils, Third Edition, Tehran, Daneshvar Publications.

Rostami, Vali, Moslem Aghaei Toogh (2009), Fair Trial in Special Administrative Authorities of Iran, Tehran, Orientation.

Saber, Mahmoud (2009), Criteria and Guarantees of Fair Trial in the Preliminary Investigation Stage, Journal of Comparative Law Research, No. 13.

Saduq, Muhammad (1981), From the Presence of the Jurist, vol. 3, Beirut.

Sangalji, Mohammad (1369), The Judiciary in Islam, Qazvin, Taha Publications.

Sarakhsi, Shams al-Din Abu Bakr Muhammad ibn Sahl (1406), Al-Mabsut, Beirut, Dar Al-Marafa.

Shams, Abdullah (1383), Civil Procedure, Volume 2, Sixth Edition, Tehran, Drak Publications.

Tabatabai, Seyyed Mohammad Kazem (1419), Riyadh Al-Masa'il Fi Bayan Ahkam al-Shari'a al-Dala'il, first edition, Qom, Islamic Publishing Institute for the community of teachers.

Tavakoli Pournegari, Hamid, Mohammad Reza Rahbarpour (2017), Fair Trial in the Criminal Teachings of Islam, Maaref Quarterly, Volume 26, Number 233, pp. 89-102.

The Holy Quran.

Tusi, Mohammad Ibn Hassan (1351), Al-Mabsut Fi Fiqh Al-Imamiyah, Tehran

Tusi, Mohammad Ibn Hassan (1407) Tahdhib al-Ahkam fi Sharh al-Fiqh wa al-Fatawa, Tehran, Dar al-Kitab al-Islamiyya.

Tusi, Mohammad Ibn Hassan (Bita), The End in the Absence of Jurisprudence and Fatwas, Realization: Aghabzorg Tehrani, Beirut, Quds Qom Publications.

Zamanzadeh Behbahani, Mehri, Mohsen Rahami, Morteza Naji Zavareh (1397), Analysis of the position of the principles of fair trial in Imami jurisprudence, Quarterly Journal of Islamic Law, No. 2, pp. 467-494.




DOI: http://dx.doi.org/10.18415/ijmmu.v8i2.2359

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