“منظوری از شهر”

“A view of the city”
Mohammad Moghimi

The discovered body attributed to Reza Shah Pahlavi has caused various reactions in the public. Regardless of the fact that it has not yet been determined to whom the mentioned body belongs and its identification requires special tests, examining this issue from a legal and jurisprudential perspective is essential. In Islamic law, the sanctity of a human body is of great importance and as a result, it is emphasized in our country’s laws. From a human rights perspective, a human body, like a human being, has dignity and deserves respect.

Human dignity is emphasized as one of the foundations of human rights in Islamic law. As the Quran says, “We have certainly honored the children of Adam.” Furthermore, the legal and rational principle “The sanctity of the dead is like the sanctity of the living” affirms the sanctity of the deceased’s body, just like that of a living person. The right to life in Islam includes preserving the human identity in its material elements, such as the body, and its spiritual elements, such as dignity, thoughts, and beliefs. Respect for bodily integrity and human rights (both material and spiritual) is not limited to one’s lifetime; rather, it extends to the period after death. In fact, even the deceased have certain material and spiritual rights that are protected by the legislator. Individuals have the right to bodily integrity during their lifetime, and they are the owners of it; after death, the bodily integrity belongs to the rights of the deceased, and any violation of it is not

Some jurists believe that a deceased person has a legal personality. One of the legal effects of the legal personality of a deceased person is that after their death, their properties and inheritance (any property left by the deceased) are not immediately transferred to their heirs, but first their debts must be paid and then the inheritance can be divided. Additionally, the ownership of financial rights (such as blood money) by the deceased can be attributed to their legal personality; whether the blood money belongs to the deceased first and then is transferred to the heirs (except for blood money for a crime against the deceased). According to Note 722 of the Islamic Penal Code, blood money for a crime against the deceased does not pass to the heirs and belongs to the deceased themselves, to be used for paying off their potential debts or for charitable purposes.

Furthermore, a deceased person has intellectual property rights, including rights of thought, literature, art, etc. According to Article 12 of the Law on Protection of Authors, Justices and Artists, approved in 1348, the duration of use of material rights of creators of cultural and artistic works that are transferred by will or inheritance, is fifty years from the date of their death. If there is no inheritance or it is not transferred by will, it will be available for public use for the same duration under the control of the government. Therefore, the heirs of the deceased person are his/her successors and for up to fifty years from the date of their death, they are entitled to defend the works of the deceased if necessary.

On the other hand, according to the definition of UNESCO (United Nations Educational, Scientific and Cultural Organization) and international standards, any historical object such as clay vessels, columns, and even a mummified body that is over 51 years old, is considered as an ancient artifact. In fact, historical works, ancient artifacts, and treasures are considered as the common heritage of humanity. Therefore, Article 1 of the Universal Declaration of Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights emphasize the protection and preservation of cultural heritage. The Human Rights Committee has also stated in paragraph 7 of General Comment No. 23 dated April 8, 1994, that culture takes various forms. Therefore, the discovered body is considered as part of the national works and historical and cultural heritage of our country, and its preservation is the right of the people and the responsibility of relevant public and governmental bodies such as the Cultural Heritage and Tourism Organization.

The important point is the right and duty of the deceased’s heirs to make decisions regarding issues related to the deceased’s remains, such as the location of the shroud and burial. Therefore, in these cases, the necessary measures should be taken to examine the body and, if necessary, perform tests to determine the identity of the deceased. In Islamic jurisprudence and the opinions of religious scholars, it has been emphasized that when a body is unearthed for any reason, it is necessary to quickly determine the identity of the deceased, shroud and bury them, and observe other related customs. Therefore, it is appropriate for a representative of the deceased’s family to be present in order to perform tests to determine the identity and observe religious rites in cases of death.