The necessity of implementing oath in the Islamic Penal Code with human rights standards and its impact on the judicial security of citizens

Document Type : Original Article

Authors

1 PhD Student, Criminal Law and Criminology, Islamic Azad University, Shahrekord, Iran.

2 Assistant Professor, Department of Law, Islamic Azad University, Shahrekord, Iran.

Abstract

The institution of oath existed before Islam and the religion of Islam has not been exposed to it and has considered its presence as a way and useful. At that time, the reasons and strategies for proving the crime were not as advanced as they are today, and oaths were effective in preserving Muslim blood and preventing its wastage. Therefore, accepting this case seemed acceptable and logical. But today, with the advancement of science and knowledge and the possibility of using different scientific ways to detect and prove crime and even assign a field to this subject called criminology and criminology, not only the existence of the issue of oath has no scientific and legal justification but also contradicts The principles of fair trial are the same as the principle of innocence and protection of the rights of the accused. An institution that in its time was in the direction of maintaining the temperature and administering justice, can now cause the temperature to deviate and waste justice, and have the opposite result. These cases are contrary to human rights standards and international treaties, which are all aimed at respecting the basic human rights of individuals, and non-compliance has a direct impact on the judicial security of citizens. At the same time, Islamic jurisprudence has a high capacity to provide a way and overlap the religious laws with the current needs of society, which have not been well used

Keywords

Political Sociology of Iran
Volume 5, Issue 3
June 2022
Pages 1077-1097

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