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Paper Information

Journal:   FASLNAMAH-I PAZHOHESH HAYE FIQH VA HUQUQ ISLAMI (ISLAMIC LAW & JURISPRUDENCE RESEARCHES QUARTERLY)   SUMMER 2016 , Volume 12 , Number 44; Page(s) 139 To 162.
 
Paper: 

FORMATION OF JUDICIAL PRINCIPLES OF MUNIFICENCE

 
 
Author(s):  VAZIRI MAJID, ABEDI MAHJOBEH
 
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Abstract: 

Inherent dignity is the honor and prestige that all humans share it naturally and innately for being a human being and from religious point of view this right is fixed even for human fetus. In this study the aim is to form jurisprudential principles for munificence. It roots from the same fact that the same method establishes the requirements of social and governmental jurisprudence. In this regard, by analyzing the concept and principles of dignity, legal reasons, and points of view of scholars it could possible to notice this important issue. The notion of inherent dignity has a legal and intellectual support. According to above mentioned materials the principle is as follows “every human being is noble unless something prevent it” that is all human beings are decent unless “ those who exit it by some reason”. According the “inherent dignity” principle, there is a logical proportion between crime and punishment. Everyone is subject to punishment against committing crimes. The inherent dignity prevents multi-punishment for one crime but it does not deny the crime itself. And through dignity, no artificial wisdom and family lineage and presidential relations, will not prevent imposing penalties through forgiveness. The principles of jurisprudential principles have got some effects and results including maintaining dignity, and special rights for all human being which could not be denied. For example, the right to live, the right to respect and dignity, right of piety, the right for justice, the right for equal opportunities, social welfare and insurance, proportion between crime and penalties without humiliation and torture or any kind of intimidation and negation of rights.

 
Keyword(s): HUMAN BEING, DIGNITY, RIGHT, JURISDICTION, PRINCIPLE
 
References: 
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