Temporary detention order from the perspective of jurisprudence and the law of criminal procedure 1392

The present study is dedicated to examining the basics of temporary detention in Islamic jurisprudence and its application to the legislative status of this detention. In this regard, the author has examined the examples of temporary detention in Islamic sources and explained the jurisprudential rules for or against temporary detention. The findings of the study indicate that the only case that can be carried out with certainty on the use of the institution of temporary detention in Islamic sources, is to keep the accused of premeditated murder for up to six days to establish evidence, and therefore temporary detention has no religious origin. In jurisprudential rules, such as the principle of innocence, the prohibition of hastening punishment, the prohibition of double punishment and the sanctity of the believer's dignity require that the initial ruling be that the use of temporary detention is illegal and that this use be based solely on the rule of urgency. The conditions of this rule are justifiable. In using temporary detention, the condition of proportionality between the danger of the accused's release and deprivation of liberty and the limited time to establish emergency conditions must be observed, and forcing temporary detention cases has no legal basis. In the application of Sharia to the law, the amendments to the Code of Criminal Procedure adopted in 1392, in terms of facilitating temporary detention, monitoring it and eliminating forced temporary detention, are very compatible with the jurisprudential principles of temporary detention.