Hashemian Jazi M, Hashemi S H, Shams Natri M E. The Limits of Fundamental Rights and Freedoms with Crimes Against National Security in Terms of Islamic Criminal Law. MLJ 2021; 15 :725-735
URL:
http://ijmedicallaw.ir/article-1-1469-en.html
1- Qom Branch, Islamic Azad University, Qom, Iran
2- Department of Criminal Law and Criminology, Mofid University, Qom, Iran
3- Department of Criminal Law and Criminology, Farabi University, Qom, Iran
Abstract:
Background and Aim: Adapting fundamental human rights and freedoms to issues such as national security is one of the difficulties of any political and legal system. Given the importance of the discussion, the present article seeks to examine the limits of fundamental freedoms with crimes against national security from the perspective of Islamic criminal law.
Materials and Methods: The present research is of a fundamental and theoretical type. The contents of the present article have been collected by using books, articles and researches.
Results: Lack of security and protection of individuals from internal and external threats, can not organize a free society based on fundamental human rights. The philosophy of criminal law in Islam is to provide security for all citizens, which is also called national security.
Ethical considerations: The present study has been written by considering the principles of citation, accurate and appropriate use of scientific resources and observing ethical and scientific methods in using the resources used.
Conclusion: Adopting punitive positions for armed and terrorist activities, warlords, gardeners and insurgents, is only in order to establish security in the Islamic society. Achieving national security requires criminal law and therefore there is no conflict between fundamental freedoms and national security in Islamic society.
Cite this article as: Hashemian Jazi M, Hashemi SH, Shams Natri ME. The Limits of Fundamental Rights and Freedoms with Crimes Against National Security in Terms of Islamic Criminal Law. Medical Law Journal 2021; Legal Innovation.
Type of Study:
Original Article |
Received: 2021/10/2 | Accepted: 2022/02/2