Document Type : Original Article

Author

• Hadi Hekmatfar

Director of Legal Aid at Qom Seminary

Abstract

The rule of Dara is a well-known jurisprudential rule that has been cited by jurists in various branches of jurisprudence. This rule was legislated to exempt the accused from punishment in terms of limits, but it can also have educational points; because the subject of the rule of Dara is that whenever there is doubt in attributing a crime to the accused, the accused is cleared of charges by citing the rule of Dara; the subject of the rule of pain is very close to the sanctity of suspicion and avoidance of suspicion. The present study, based on the analytical-descriptive research method and based on a library study, has examined this issue with the aim of comparing jurisprudence, law, and education; the results of the study show that exempting the accused from punishment through the rule of Dara overlaps with the sanctity of suspicion; because the evidence of the rule of Dara and the sanctity of suspicion warns people from accusing and suspecting others simply on suspicion and suspicion.

Keywords

• Dara' rule
• decriminalization
• suspicion
• Imamiyyah jurisprudence
• Iranian law

Main Subjects

• Rights