The right to defense in Islamic Criminal Law

The research considers the right of defense in the islamic criminal laws. The right to defense is one of the most fundamental human rights. Also, it is most important application form of latitude of thought. For a fair legal system, in front of the court authorities, the suspects should claim their rights and should have the opportunity to defence themselves, without being under the influence of no concern. If the legal arrangements don't provide this right, there is no chance to reach the targeted facts during judgment. Therefore, the right to defense is a fundamental right for legal systems. It is also one of the three main institutions of the judiciary, classified as claims, defenses and judgments. Because of the importance of defense for legal systems, the right of defense has been examined in Islamic criminal law. First, in our study, the definition of the right to defense, the importance of the right to defense, and the usage method is analyzed. And then other rights of the suspect under the right to defense, the limits of the right to defense and other rights and principles that support and protect the right to defense are analyzed. The aim of our study is to prove the existence of the right to defense in Islamic criminal law, to define the scope, limits, and conditions of the right of defense. For this purpose, examples from the Qur'an and the Hadiths, and the practices in the history of Islam are included. Thus, in Islamic law, it is determined that the right of defense is present and applied effectively. Key Word: The right of defense, Assertion, Islam law, Criminal law, Equality, Justice, Judgment