Judicial Justice in Islamic Criminal Laws
تمدن حقوقی - Legal Civilization
1404/2025
چکیده
The present study ؛ is a jurisprudential-legal subject. The content has been compiled through the analysis of various jurisprudential, legal, and linguistic sources, resulting in this written work. This research compares the characteristics of judicial justice in Islamic criminal laws with the principles of human rights. Judicial justice refers to adhering to fairness and impartiality in judicial matters and rendering judgments. This means that during judicial proceedings, the principles and standards of judicial justice must be observed for all parties involved, including the accused. The foundation of any society relies on respecting judicial rights and institutionalizing judicial justice. A judicial system is deemed just only when it adheres to all the principles of judicial justice. The significance of addressing this issue lies in the fact that judicial justice is one of the primary goals of judicial systems in both Islam and human rights frameworks. A society's judicial system must ensure the protection of individuals’ property, lives, and dignity in both codified laws and their implementation. Notably, the Islamic judicial system, derived from the teachings of the Quran, narrations, and the practical conduct of the infallible (peace be upon them), especially Imam Ali (peace be upon him), has emphasized judicial justice for centuries, forming the cornerstone of its structure. Judicial justice also holds a prominent place in international human rights documents ؛ however, achieving this principle in the latter has taken centuries. Contrary to common perceptions suggesting that Islam may not prioritize judicial justice, the Islamic judicial system places significantly greater emphasis on this principle and its requirements compared to other systems.

