دراسة تنقيح مناط الفقهاء من المحاكمة العلنية بفكرة تحقيق أو إنكار حقوق المواطنة

Abstract EN

“Citizenship rights”, although derived from recent developments in societies, but in Islamic ideology, dominant the methodology of “judicial laws” and is a serious jurisprudential issue.

examination of the ostensible opinions of thinkers shows that this institution complements the process of judicial justice and the component guaranteeing the rights of the accused, and the non-publicity of trials is an exception, but the trial publicly has structural flaws and non-fulfillment of civil rights standards.

the present study, in a descriptive, analytical and inferential method, seeks to structure the jurists from the generalization of citizenship rights in the proceedings after explaining and preparing the issues, and while explaining the jurists' point of view in refuting the Manats and failing to establish the inherent proportionality between cause and effect.

just to get rid of the international pressures of human rights and politics based on citizenship rights in the rulings, to state that he has a negative attitude towards criticizing the jurisprudents and to use the argument of openness in the process of inference, appropriate and in accordance with the teachings the imams of the Ahl al-Bayt (pbuh) do not know the evidences of the trial of justice, the denial of narrative and rational manuscripts, the rules of principles, the observance of human dignity, and the requirements of the time.

the conclusion is that coherence of religious criticism in the approach to criminal sociology with a focus on theorizing is necessary to explain civil rights in litigation based on Iranianness, Islamism, Shiism, rationalism, avoidance of ostentation and independence of Shiite thought system from political state and international pressures.