Investigating Human Rights of the Accused Rights in Jurisprudence and Rules of Iran

Hormoz Asadi Koohbad, Mohammad Etemadi

Abstract


Human rights exists from a long time age as natural rights that all human beings enjoy from it because of their humanity and it exists among all different societies, civilizations and religions and it cannot be limited to a special civilization. Among them, the true Islam Religion as the last divine and most complete religion and as a complete guidance for humanity included certainly the major concepts of human rights in all individual and social dimensions and determined and drawn the most complete rights of humanity. The results show that regarding to the naturalness of human rights' rules; a strong relationship can be established among the most regulations of human rights such as Iran rules and Islam rules. Yet, there are some problems among them due to different view of Islam to human beings and type of their drawn rights. Islamic trial with a different style comparing to modern trials is based on one- step method that some of known rights for the accused in trial steps that is common in current trial system are not imaginable in Islamic Judicial System; like right of arraignment and right to counsel in primary step; but yet its legitimation in Islamic insight can be proved by referring to the resources of inference of religious law. 


Keywords


Human Rights; the Accused Rights; Iran Law; Islamic Jurisprudence

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