Safeguards of the Accused’s Right to Sound Criminal Judgments: A Comparative Study Based on the Judicial Practice of Imam Ali ibn Abi Talib (PBUH)

Abstract

The topic of human rights and freedoms occupies an important position, as research into it has not ceased due to the injustice, oppression, and arbitrariness that humanity has suffered and continues to suffer throughout history. Furthermore, numerous declarations, charters, instruments, and legislation pertaining to these rights have been issued at both the domestic and international levels. In response to the calls contained in these declarations, charters, and instruments, modern constitutions have given special attention to their content. Consequently, the Iraqi Constitution of 2005 included these rights in Chapters One and Two under the title "Rights and Freedoms," which further enhances their importance. "Imam Ali ibn Abi Talib (peace be upon him) needs no introduction. He is a magnificent example of human radiance, adding honor to human history and a boundless wealth of scholarship. His thought was characterized by integrity and realism, which created for him a legacy of brilliance and richness, unmatched by any other figure, despite their aura, sanctity, and greatness in the hearts of Muslims." In this modest research, we have attempted to compare the guarantees provided by procedural legislation for the accused's right to a fair trial with the established principles of comparative jurisprudence. We have also compared these principles with the rulings of Imam Ali ibn Abi Talib (peace be upon him), comparing the cases he considered and the rulings he ruled on, making him a respected authority for challenging rulings. Therefore, the thesis has adopted a method of comparison and approximation, both textually, in jurisprudence, and in jurisprudence.