بررسی نقش روش تنبیه مجرم از دیدگاه امام علی (ع) در نهج البلاغه در جهت تحقق دادرسی عادلانه حقوق شهروندی

The method of punishment is one of the most important and effective issues in the field of realization and the right to a fair trial, which is related to the principle of justice and equality as the most important issue related to the realization of citizenship rights against criminals and modifiers of people's citizenship rights. The purpose of this study is to focus on the teachings of Nahj al-Balaghah on the method of punishment and its role and characteristics for a better realization of a fair trial and the realization of civil rights. From the perspective of the purpose, this research has been a basic research and descriptive-analytical method and to collect information from the library method and review the citation source (Nahjal-Balaghah  book) has been used. The results showed that the role of the method of punishment are: preventing the occurrence and spread of wrongdoing and wrongdoing in violation of accepted laws, seeing the punishment of the offender and depriving the people of their citizenship, lack of personal motives and discrimination in the application of punishment, avoiding Extremism, prejudice, prejudice, fault finding and non-use of corporal punishment as much as possible and as a last resort by maintaining all the conditions and requirements and instead, appropriate verbal and non-verbal warnings and threats can be used to punish the offender. Also important points that should be considered in punishment according to the teachings of Nahjal-Balaghah for a fair trial include: Proper and timely application of punishment, self-persuasion, similarity with different physical and mental characteristics of the offender, preservation of dignity and human personality of the offender, proportionality to the act of the offender depriving him of citizenship rights and finally belonging to the behavior of the offender. It was also found that the use of punishment along with punishment and awareness can have the aspect of deterrence and warning of crime in society and while respecting the citizenship rights of individuals in society, the field of committing crimes and deprivation of citizenship rights to a minimum is possible and It provided the basis for a fair trial for the realization of the people's citizenship rights. It was also found that assault is not allowed as punishment for the offender, otherwise the punishment itself is a violation of civil rights.  According to the teachings of Imam Ali (AS) in Nahjal-Balaghah regarding punishment, it is cited that these teachings are in accordance with the theory of justice and fair trial through purposeful and just punishment, criminal and transgression of the citizenship rights of other people in society. The theory is based on a retrospective or retrospective approach based on the theory of the administration of justice by punishing the offender for gaining unfair advantage over his or her peers. Finally, practical suggestions and solutions for the optimal and optimal use of the method of punishment to realize the principle of a fair trial related to citizenship rights are presented.