The Judicial Rights of Citizenship in Jurisdiction, Confession, and Testimony from the Standpoint of Islamic Jurisprudence and Law

Subject Areas : Journal of Law and Politics

Shiva Azizaan ¹ , Ebrahim Yaghouti ² , Aahmad reza khazaei ³

1 - PhD student of Islamic jurisprudence and principles, Islamic Jurisprudence and Principles of Islamic Law, Faculty of Letters and Human Sciences, Islamic Azad University Central Tehran Branch, Tehran, Iran.
2 - ,Associate Professor Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Letters and Human Sciences, Islamic Azad University Central Tehran Branch, Tehran, Iran. (corresponding author
3 - ,Associate Professor Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Letters and Human Sciences, Islamic Azad University Central Tehran Branch, Tehran, Iran.

Received: 2022-09-11 Accepted : 2023-04-05 Published : 2023-02-20

Keywords: Judicial, Rights, testimony, citizenship, jurisdiction,

Abstract :

Considering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of thoughts, therefore, citizenship rights, as a new expression in Iran borrowed from Arabic literature, are of different types including judicial citizenship rights which explain the rights of defendant, plaintiff, and witness in jurisdiction, confession, and testimony, respectively. Judges, bailiffs, and other justice executives in judicial system are required to respect these rights. Reviewing Quran verses and Infallible imams’ traditions, one sees that Islam explains comprehensively the judicial rights of citizenship making it is one of the important references regarding judicial citizenship rights in positive law, putting the serious responsibility of judgment on the shoulders of the qualified and just judges and explaining some special orders and instructions on the subject. This is a descriptive-analytic research. The findings showed that the Iranian constitution considers citizenship rights as of the nation rights and its principles as explained in the judicial law are of legal sanctions in the Islamic criminal law. In addition, other laws, such as criminal procedure code and single-clause bill of legitimate freedoms and citizenship rights, though suffering some flaws, show special considerations from the legislators for the judicial rights of citizenship.