scholarly journals Principles Governing a Fair Trial under Islamic Jurisprudence and International Law

2021 ◽  
Vol 8 (2) ◽  
pp. 452
Author(s):  
Amin Karamzadeh ◽  
Zahra Feiz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Analytical Method ◽  
Fair Trial ◽  
Judicial System ◽  
Human Thought ◽  
Islamic Jurisprudence ◽  
Judicial Proceedings ◽  
System Today

A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.

PRINSIP PENGADILAN YANG ADIL BERDASARKAN YURISPRUDENSI ISLAM DAN HUKUM INTERNASIONAL

2021 ◽  
Vol 8 (1) ◽  
pp. 51-69
Author(s):  
Wakid Evendi
Keyword(s):  
International Law ◽  
Human Dignity ◽  
Justice System ◽  
Fair Trial ◽  
International Justice ◽  
Judicial System ◽  
Basic Principles ◽  
Human Thought ◽  
Administration Of Justice ◽  
Islamic Jurisprudence

A fair trial with respect for human dignity is the most important feature of the measure of Islamic justice and is a guarantee for individuals to enjoy the basic principles of human rights such as freedom and equality. The administration of justice is not only possible because of the existence of substantive laws, but also the executive and formal methods have a prominent and important role to be understood by the current international justice system. However, the weakness of human thought in formulating comprehensive and efficient laws hinders the realization of justice and the achievement of fair court practices. This study intends to identify the principles of fair trial administration from the perspective of Islamic jurisprudence and international law. With a normative juridical approach, this study concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest level, namely the preservation of human dignity.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

Humanitarian Intervention in International and Islamic Law

2003 ◽  
Vol 20 (1) ◽  
pp. 88-106
Author(s):  
Ermin Sinanovic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Humanitarian Intervention ◽  
Fundamental Issue ◽  
Moral Foundation ◽  
Rights Discourse ◽  
Jus Cogens ◽  
Human Rights Discourse

In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

Democracy and development

1999 ◽  
Vol 7 (2) ◽  
pp. 183-189
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Human Beings ◽  
International Human Rights ◽  
International Human ◽  
Democratic Elections ◽  
Relationship Of ◽  
The Relationship

The discussion on the relationship of democracy and development has only become meaningful after being freed from a purely dogmatic approach. International law, in particular international human rights instruments, commit States' Parties to establish and sustain a government based upon democratic elections and which is politically accountable. Development requires a policy towards achieving conditions where human beings can enjoy freedom from want and fear. Both policies, on democratization and development, are meant to achieve conditions in which human dignity is fully respected and they are therefore mutually reinforcing.

scholarly journals Human Rights Theory and Comparative International Law Scholarship

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Domestic Courts ◽  
Domestic Use ◽  
International Human

An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.

scholarly journals Tinjauan Hukum Internasional HAM dan Hukum Islam terhadap LGBT Perspektif Human Dignity Mashood A. Baderin

2016 ◽  
Vol 10 (1) ◽  
pp. 198
Author(s):  
Abu Dzarrin Al-Hamidy
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Civil Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Human Beings ◽  
Same Sex ◽  
Bisexual And Transgender ◽  
The Universe

<p>This article deals with the issue of homosexuality from the perspective of human rights international law and Islamic law, particularly in the view of Mashood Baderin. The result of understanding towards human rights international law as well as towards Islamic law as the blessings for the universe places human beings in the most respected position. However, there emerge the phenomenon of non-mainstream sexual orientation, such as lesbian, gay, bisexual and transgender (LGBT). In the perspective of Mashood Baderin, who portrays human rights international law and Islamic law on the principles of equality and justice, these LGBTs have their rights, as they are also human beings that should be respected due to their human dignity. It is inhumane to discriminate and condemn them. They should receive proportional treatment from the state so that their civil rights are guaranteed. However, with regard to their sexual orientation Islamic law prohibits the same sex marriage or other forbidden sexual relations</p>

scholarly journals Observing the Accused Person Interrogation Rights in Pretrial Period in Iran’s Law and the International Charter of Human Rights

2016 ◽  
Vol 9 (9) ◽  
pp. 126
Author(s):  
Feizollah Salehi Taebloo ◽  
Manuchehr Tavassoli Naini
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Human Dignity ◽  
Preliminary Investigation ◽  
Judicial System ◽  
The Other ◽  
Social Rights ◽  
The Social ◽  
Fair Procedure ◽  
Descriptive Method

<p>The culprit is one of the fixed parties in penal judgments and because he is to be stood before the social rights with the support of the prosecutor he enjoys a vulnerable judicial standpoint. The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage. In this stage the culprit, due to the fact that has not been convicted to any crime, he has to undergo interrogation and investigation based on the acquittal principle and preservation of the human prestige and credit. Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies. Therefore, the accused person should be enjoying the rights and liberties under the shade of the fair judgment. On the other hand, fair judgment is not intended solely for safeguarding the accused person’s defense rights, rather a just proceeding in its exact meaning is seeking to serve the preservation and supporting the rights and the liberties of all of the individuals who somehow share the legal procedure process. Observing a fair procedure should not be taken as to mean leniency for any single one person, rather observing such principles in the proceedings causes the humanity aspect of the parties not to be underestimated and justice and fairness can be implemented and served regarding their rights.</p>In the present article because it is carried out in humanities realm we have tried to make use of an analytical-descriptive method through the use of the international charter of human rights and requirements and the constitutional laws in Iran and this is while the accused individual rights in the pretrial period has also been enumerated and elucidated on and then we deal with the survey of the Iran’s judicial system and the international charter of human rights regarding the methods of keeping a hold onto such rules and regulations and consequently we will figure that in both of the described systems it has been frequently emphasized on observing the accused person’s rights in the majority of the cases in this period and there has been criminal enforcement mandates for it.

Human Dignity, the Right to be Heard, and Algorithmic Judges

2020 ◽  
Author(s):  
André Dao
Keyword(s):  
Machine Learning ◽  
Human Dignity ◽  
Learning Algorithms ◽  
Fair Trial ◽  
Machine Learning Algorithms ◽  
Core Component ◽  
Judicial Proceedings ◽  
The Right ◽  
Human Judge ◽  
Transparency And Accountability

Abstract This article examines the requirements of the right to a fair trial in the context of the use of machine-learning algorithms (MLAs) in judicial proceedings, with a focus on a core component of this right, the right to be heard. Though NGOs and scholars have begun to note that the right to a fair trial may be the best framework to address the challenges raised by MLAs, the actual requirements of the right in this novel context are underdeveloped. This article evaluates two normative approaches to filling this gap. The first approach, the argument from fairness, produces three broad categories of measures for ensuring fairness: measures for increasing the transparency and accountability of MLAs, measures for ensuring the participation of litigants, and measures for securing the impartiality of the human judge. However, this article argues that the argument from fairness cannot provide the necessary normative grounding for the right to a fair trial in the context of MLAs, as it collapses into the concept of ‘algorithmic fairness’. The second approach is based on the concept of human dignity as a status. The primary argument of this article is that the concept of human dignity as a status can provide better normative grounding for the right to a fair trial because it offers an account of human personhood that resists the de-humanization of data subjectification. That richer account of human personhood allows us to think of the trial not only as a vehicle for accurate outcomes, but also as a forum for the expression of human dignity.

scholarly journals Human dignity: an illusory limit for the evolutive interpretation of the ECHR?

Amicus Curiae ◽  
2019 ◽  
pp. 20-28
Author(s):  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Case Law ◽  
Senior Lecturer ◽  
Public International Law ◽  
European Court ◽  
The Subject ◽  
The Relationship

In this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation. Index keywords: Human rights, human dignity, European Court of Human Rights

scholarly journals The Right to a Fair Trial in Automated Civil Proceedings

2019 ◽  
Vol 13 (1) ◽  
pp. 27-44
Author(s):  
Maria Dymitruk
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
Reasonable Time ◽  
European Court ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
The Right

Challenges associated with the use of artificial intelligence (AI) in law are one of the most hotly debated issues today. This paper draws attention to the question of how to safeguard the right to a fair trial in the light of rapidly changing technologies significantly affecting the judiciary and enabling automation of the civil procedure. The paper does not intend to comprehensively address all aspects related to the right to a fair trial in the context of the automation of civil proceedings but rather seeks to analyse some legal concerns from the perspective of the Article 6 of the European Convention on Human Rights and the case-law of the European Court of Human Rights. Section 1 discusses the issues of using artificial intelligence in the justice and automation of the judicial proceedings. Section 2 is devoted to the judge supporting system based on artificial intelligence and psychological requirements of its practical use. Section 3 presents the right to a fair trial in civil cases established by the Article 6 of the European Convention on Human Rights, while subsequent sections characterize its elements with respect to the possibility to automate civil proceedings: a right to have case heard within a reasonable time in section 4 and a right to a reasoned judgment in section 5.

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