Fair Trial in Human Rights and the Islamic Judicial Doctrine
Mostafa Fazaeli[1] Assistant Professor, International Law Group, Law Faculty,Qom University, Qom, Iran Basically justice has different philosophical, ethical and legal aspects, but the evaluation of its implementation in various social processes requires objective standards. Judicial justice also...
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| Format: | Article |
| Language: | fas |
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University of Qom
2015-09-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_561_5f4cd72d179deac10d11f53b12712e3f.pdf |
| _version_ | 1827300716926992384 |
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| author | mOSTAFA fAZAELI |
| author_facet | mOSTAFA fAZAELI |
| author_sort | mOSTAFA fAZAELI |
| collection | DOAJ |
| description | Mostafa Fazaeli[1] Assistant Professor, International Law Group, Law Faculty,Qom University, Qom, Iran Basically justice has different philosophical, ethical and legal aspects, but the evaluation of its implementation in various social processes requires objective standards. Judicial justice also requires to be fair and objective. Objectiveness of judicial proceedings requires that all facts be considered under previously established rules and procedures in order to make justice to be done. In other words, judicial proceedings is a way to discover the truth, and this can be ensured only through specific method consisting of specific rules and regulations, as in any other scientific research whose goal is to reach to the truth. So there is no way except due processes to ensure justice and fairness in judicial proceedings. And this is the main important means to secure basic rights and freedoms of human beings. The present work considers the significance of a fair trial, the importance of due process and procedural justice from the view point of the Islamic judicial doctrine. It attempts to illustrate fair trial and its procedural requirements have been strongly recommended by Islamic judicial doctrine. [1] Corresponding Author’s Email: mfazaeli2007@gmail.com |
| first_indexed | 2024-04-24T16:10:55Z |
| format | Article |
| id | doaj.art-4fe176a7137c4ac4b5559852e7b1462b |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:55Z |
| publishDate | 2015-09-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-4fe176a7137c4ac4b5559852e7b1462b2024-03-31T19:04:27ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212015-09-011115917810.22091/csiw.2015.561561Fair Trial in Human Rights and the Islamic Judicial DoctrinemOSTAFA fAZAELI0استادیار گروه حقوق بین الملل دانشکده حقوق دانشگاه قمMostafa Fazaeli[1] Assistant Professor, International Law Group, Law Faculty,Qom University, Qom, Iran Basically justice has different philosophical, ethical and legal aspects, but the evaluation of its implementation in various social processes requires objective standards. Judicial justice also requires to be fair and objective. Objectiveness of judicial proceedings requires that all facts be considered under previously established rules and procedures in order to make justice to be done. In other words, judicial proceedings is a way to discover the truth, and this can be ensured only through specific method consisting of specific rules and regulations, as in any other scientific research whose goal is to reach to the truth. So there is no way except due processes to ensure justice and fairness in judicial proceedings. And this is the main important means to secure basic rights and freedoms of human beings. The present work considers the significance of a fair trial, the importance of due process and procedural justice from the view point of the Islamic judicial doctrine. It attempts to illustrate fair trial and its procedural requirements have been strongly recommended by Islamic judicial doctrine. [1] Corresponding Author’s Email: mfazaeli2007@gmail.comhttps://csiw.qom.ac.ir/article_561_5f4cd72d179deac10d11f53b12712e3f.pdffair trialprocedural justicesubstantive justiceislamic judicial doctrinehuman rights |
| spellingShingle | mOSTAFA fAZAELI Fair Trial in Human Rights and the Islamic Judicial Doctrine پژوهش تطبیقی حقوق اسلام و غرب fair trial procedural justice substantive justice islamic judicial doctrine human rights |
| title | Fair Trial in Human Rights and the Islamic Judicial Doctrine |
| title_full | Fair Trial in Human Rights and the Islamic Judicial Doctrine |
| title_fullStr | Fair Trial in Human Rights and the Islamic Judicial Doctrine |
| title_full_unstemmed | Fair Trial in Human Rights and the Islamic Judicial Doctrine |
| title_short | Fair Trial in Human Rights and the Islamic Judicial Doctrine |
| title_sort | fair trial in human rights and the islamic judicial doctrine |
| topic | fair trial procedural justice substantive justice islamic judicial doctrine human rights |
| url | https://csiw.qom.ac.ir/article_561_5f4cd72d179deac10d11f53b12712e3f.pdf |
| work_keys_str_mv | AT mostafafazaeli fairtrialinhumanrightsandtheislamicjudicialdoctrine |