The Relationship Between the Right to Security and the Right to Freedom in Islam and the Study of Formal Rules for Relinquishing these Rights in Iran

Abstract

This article raises fundamental conceptual questions about the relationship between the right to security and freedom, from the point of view of Islam. Also, in criminal law in Iran, the relationship between freedom and security is examined in all formal laws adopted after the Iranian Revolution. This study was conducted with a descriptive-analytical method using sources and documentary texts with the aim of explaining the relationship between the right to security and freedom in Islam and, at the same time, analyzing the formal rules of renunciation of these rights in formal laws and regulations. It is concluded that in Islam three types of minima, intermediate and maximum relations between security and freedom are conceivable. These three proportions, in addition to fulfilling the existence of security and freedom; introduce different types of relations between the two rights referred to according to the conditions that can be implemented. Likewise, when examining the formal norms, it can be recognized that the Code of Criminal Procedure, approved on 23.02.2014, has eliminated all the defects and ambiguities of the previous law in the field of the right of persons to liberty and personal security.