The Status of Citizens' Rights in the Judicial System of the Islamic Republic of Iran from the Perspective of Ayatollah Hashemi Shahroudi’s Legal and Political Thoughts
Subject Areas : حقوق عمومیSeyyed Kamran Fathullahi 1 , Kiumars Zamani Sheikh Abad 2
1 - Assistant Professor, Imam Hussein University, Faculty of Social and Cultural Sciences, Tehran, Iran
2 - PhD student in Public Law, Imam Hussein (AS) University, Tehran, Iran.
Keywords: Citizens' Rights, Judiciary, Ayatollah Hashemi Shahroudi, Islamic Human Rights, Judicial Justice.,
Abstract :
This study examines the political and legal thoughts of Ayatollah Hashemi Shahroudi regarding citizens' rights and the position of the judiciary in safeguarding these rights within the judicial system of the Islamic Republic of Iran. Considering that the foundations of Islamic human rights and their formulation were among the primary concerns of Ayatollah Hashemi Shahroudi during his tenure as a judge and religious scholar, the main issue of this research is to elucidate the role of the judiciary in the realization and protection of citizens' rights from the perspective of his legal and political thoughts. The main objectives of this research are: To clarify the position of citizens' rights in Ayatollah Hashemi Shahroudi's political and legal thought; To analyze the role of the judiciary in protecting citizens' rights according to his views; To provide a specific model for the implementation of human rights within the Islamic Republic, based on the views of Ayatollah Hashemi Shahroudi.The methodology of this research is descriptive-analytical, and the necessary data were collected through library studies and content analysis of the works and speeches of Ayatollah Hashemi Shahroudi. Primary sources, including his books, articles, and speeches, were utilized for this purpose. The findings of the research indicate that during his presidency of the Judiciary, Ayatollah Hashemi Shahroudi paid serious attention to a people-centered approach and consistently defended citizens' rights. It is noteworthy that Ayatollah Hashemi Shahroudi, by offering Islamic models in the field of human rights and citizenship, sought to guide the governance system of the Islamic Republic of Iran, particularly the judiciary, towards a path that would be a true guardian and protector of citizens' rights. It is important to mention that Ayatollah Hashemi Shahroudi's views can serve as a solid foundation for both the theoretical and practical development of citizens' rights in the legal system of the Islamic Republic of Iran.