The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Examining the Evidence of the Limited Prescription of Torture in the Light of Jurisprudence

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Department of Law, Faculty of Humanities and Iranian Studies, Meybod University, Meybod, Iran
2 Master of Science in Criminal Law and Criminology, Faculty of Humanities and Iranian Studies, Meybod University, Meybod, Iran
Abstract
According to many domestic and international laws, committing torture is prohibited, the prohibition of this behavior in Iran's legal system is specified in Article 38 of the Constitution and the guarantee of its implementation is specified in Article 578 of the Penal Code, but in the matter of whether this prohibition is applicable And under no circumstances can it be ordered to prescribe it, there is a difference of opinion; Islamic jurists have considered torture as an absolute and practical prohibition against the inherent dignity of human beings, and on the other hand, there are few opinions contrary to the consensus of jurists who, despite confirming the prohibition of torture, consider it permissible in the light of secondary titles and citing critical and sensitive conditions.

The main idea of this research was to evaluate the positions of rules against the rule of prohibition of torture, which was tried by using the descriptive-analytical method and referring to library sources to prove the inevitability of the rule of torture in the light of jurisprudence, and also to analyze and criticize the evidence of the limited prescription of torture And this conclusion was reached that according to the Holy Sharia of Islam, any kind of torture to people, whether torture or otherwise, is forbidden, therefore, without a doubt, the ruling on the solution of torture is prohibited even in a limited way, and therefore all cases of torture are rejected and confessions resulting from it are invalid.
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Volume 30, Issue 112
Autumn 2025
Pages 191-209

  • Receive Date 21 April 2024
  • Revise Date 09 December 2024
  • Accept Date 31 December 2024