مطالعات فقه و حقوق اسلامی (Nov 2021)
Equality of arms from the perspective of figh and laws of the Islamic Republic of Iran
Abstract
Principle of equality of arms Recognizing and applying of Principle of equality of arms is one of the requirements of fair trial. Undoubtedly, execution of justice in procedure need to have enough اثباتی وسائل for Parties to disputes. Principle of equality of arms means that plaintiff and defendant and their lawyers have legal status to prove their innocence or being criminal the other party. Of course in procedure, It should be in a way that none of Parties to disputes not to be deprived from providing evidence and proofs and also other possibilities. This case has been raised in the international community in the last century and also in the law of the islamic republic of Iran. But lack of research based on Islamic sources double the importance of this article. for this reason current research is looking for finding legitimacy of principle of equality of arms from the perspective of islam and also importance of observance and raising in fiqh. the Research is trying to investigate fiqh reasons taken from islamic sources In line with expression of the laws of the islamic republic of Iran. and also in procedure, it end up with the necessary observance and proof of legitimacy. Thanks for your time.
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