Fair Trial in Human Rights and the Islamic Judicial Doctrine

Abstract

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: [email protected]

Keywords

• fair trial
• procedural justice
• substantive justice
• islamic judicial doctrine
• human rights