Examining the Rights of Defendants in Islamic Jurisprudence and the Iranian Criminal Procedure Code

Abstract

This article examines and analyzes the rights of defendants in Islamic jurisprudence and the Iranian Criminal Procedure Code. Given the importance of preserving human dignity and justice in the judicial process, this study seeks to align Islamic legal principles with modern legal frameworks. Initially, the theoretical foundations of defendants' rights in Islamic jurisprudence are reviewed, focusing on principles such as the presumption of innocence, prohibition of torture, and equality before the law. Subsequently, these principles are compared with the Iranian Criminal Procedure Code to identify the similarities and differences between these two legal systems. The study then explores the legal and practical challenges related to defendants' rights at various stages of the judicial process, including investigation, trial, and appeal, and analyzes instances of rights violations in the Iranian judicial practice. Finally, suggestions are made for strengthening legal and jurisprudential foundations, revising and updating the Criminal Procedure Code, and increasing awareness and training for judges and lawyers. This research demonstrates that extensive legal and structural reforms are necessary to ensure the rights of defendants in Iran's judicial system.