Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention

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HASHEMI SEYYED HOSSEIN

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:20 | Issue:2 (50) Page(s): 304-324

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Information Journal Paper

Title

Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention

Author(s)

HASHEMI SEYYED HOSSEIN | Issue Writer Certificate

Keywords

Right to CompensationQ1

Unlawful Arrest or DetentionQ1

Jurisprudential PrinciplesQ2

Abstract

Regarding to the importance of prisoner's right in islam and that the Iranian Law has been under influence of shia jurisprudence and also regarding to international conventions related to Right to Compensation for Unlawful Arrest or Detention, the study of this issue is necessary. To have a discussion of this issue we should pay attention to the important subject which referred in jurisprudence as "lost benefits" of human being, by the reason that according to a theory in jurisprudence, the lost benefits of human being are no under the guarantee but according to other theory, they are under the guarantee in some circumstances. So we have discussed this issue and then the issue related rules such as the rule of Ehteram, Etlaf, and the rule of Lazarar as the basis of the issue of Right to Compensation for Unlawful Arrest or Detention. Thus we examined the related rules in the present research.

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APA: Copy

HASHEMI, SEYYED HOSSEIN. (2020). Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention. ISLAMIC LAW RESEARCH JOURNAL, 20(2 (50) ), 304-324. SID. https://sid.ir/paper/381603/en

Vancouver: Copy

HASHEMI SEYYED HOSSEIN. Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;20(2 (50) ):304-324. Available from: https://sid.ir/paper/381603/en

IEEE: Copy

SEYYED HOSSEIN HASHEMI, “Study of Jurisprudential Principles of the Right to Compensation for Unlawful Arrest or Detention,” ISLAMIC LAW RESEARCH JOURNAL, vol. 20, no. 2 (50) , pp. 304–324, 2020, [Online]. Available: https://sid.ir/paper/381603/en

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