Ehsan Salimi Ghaleh; Ebrahim Malaekeh
Volume 12, Issue 2 , September 2023, , Pages 51-70
Abstract
Arbitrary detention is not only contrary to natural and fundamental human rights such as the right to freedom, but also hinders fair proceedings and the realization of justice. The ...
Read More
Arbitrary detention is not only contrary to natural and fundamental human rights such as the right to freedom, but also hinders fair proceedings and the realization of justice. The present article tries to study the issue of arbitrary detention in the Islamic legal system and international human rights documents using a descriptive-analytical method and using library sources. The findings of this comparison show, firstly; Because the international human rights documents that are compiled for the rights of the individual only emphasize on individual freedoms and social security is often kept silent in these documents, which happens to be the result of this silence is the confusion of social security with the position of statesmen and this issue is related to the many examples of arbitrary arrests and Using this tool leads to suppression of opponents. On the contrary, in the Islamic legal system, individual freedom and social security have been dealt with in a balanced way, and the issue of social security has been separated from the security of the rulers, and the examples of legal arrest have been limited to cases of social security violations. Secondly; It is possible to object to arbitrary detention in both legal systems. Thirdly; Regarding the possibility of receiving damages due to detention, there is no prohibition in both legal systems, but the human rights documents have proposed the type and method of compensation in more detail.
