A Critical Analysis of Ayatollah Behjat's Theory on Prisoners' Rights and Its Comparison with the Islamic Penal Code of Iran

Authors

    Hajar Soltanifar عضو هیات علمی، گروه فقه و حقوق اسلامی، دانشگاه امام رضا، مشهد، ایران

Keywords:

Ayatollah Behjat, Prisoners' Righ, Islamic Penal Code, Human Dignity, Justice, Reform and Rehabilitation

Abstract

This article critically analyzes Ayatollah Mohammad-Taqi Behjat's theory on prisoners' rights and compares it with the Islamic Penal Code of Iran. Initially, the concept and nature of prisoners' rights within the Islamic framework and its jurisprudential foundations are examined. Ayatollah Behjat's theory, emphasizing human dignity, justice, and the reform and rehabilitation of prisoners, is then analyzed. The article proceeds to compare this theory with the views of other Islamic jurists, highlighting its strengths and weaknesses. Furthermore, the article examines the similarities and differences between Ayatollah Behjat's theory and the Islamic Penal Code of Iran. Finally, recommendations are made for improving the Islamic Penal Code in regard to prisoners' rights. The findings suggest that Ayatollah Behjat's emphasis on human dignity and the reform of prisoners could serve as an effective basis for enhancing the legal framework concerning prisoners' rights within Iran's legal system.

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Published

2024-08-15

Submitted

2021-05-22

Revised

2021-07-14

Accepted

2021-08-11

Issue

Section

مقالات

How to Cite

A Critical Analysis of Ayatollah Behjat’s Theory on Prisoners’ Rights and Its Comparison with the Islamic Penal Code of Iran. (2024). Comparative Studies in Jurisprudence, Law, and Politics, 3(1), 20-27. http://193.36.85.187:8088/index.php/csjlp/article/view/38