Evaluation of Judicial Procedure in the Essence of the Method of the Wise
Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. But one of the questions that has always been asked is why judicial procedure in the general se...
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| Format: | Article |
| Language: | English |
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Shahr-e- Danesh Research And Study Institute of Law
2024-06-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_160181_0ed8e8ff0899a6e9198da18ae500e863.pdf |
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| _version_ | 1841544658671370240 |
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| author | Moein Gholamalipour Ahmad Bagheri |
| author_facet | Moein Gholamalipour Ahmad Bagheri |
| author_sort | Moein Gholamalipour |
| collection | DOAJ |
| description | Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. But one of the questions that has always been asked is why judicial procedure in the general sense has not had a proper place in Iranian law? Since Iranian law originates from Islamic jurisprudence, the reason for this is the incompatibility of jurisprudence with Islamic rules, to the extent that a number of jurists have denied the principles of jurisprudence in Islamic law. While examining the conduct of the wise and its authority from the perspective of Imam Khomeini and some experts, the functions of the judicial procedure were also explained. It is considered and thus can not be considered an obstacle to the application of judicial procedure in the general sense (rule-making procedure) in the Iranian judicial system. |
| format | Article |
| id | doaj-art-4d2a05d8331f41f5b22f0a09402d6c8f |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-4d2a05d8331f41f5b22f0a09402d6c8f2025-01-12T12:21:59ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-06-01235722725410.48300/jlr.2022.341506.2049160181Evaluation of Judicial Procedure in the Essence of the Method of the WiseMoein Gholamalipour0Ahmad Bagheri1PhD in Jurisprudence and Islamic Law, Faculty of Theology, University of Tehran, Tehran, Iran.Professor, Department of Jurisprudence and Islamic Law, Faculty of Theology, University of Tehran, Tehran, Iran.Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. But one of the questions that has always been asked is why judicial procedure in the general sense has not had a proper place in Iranian law? Since Iranian law originates from Islamic jurisprudence, the reason for this is the incompatibility of jurisprudence with Islamic rules, to the extent that a number of jurists have denied the principles of jurisprudence in Islamic law. While examining the conduct of the wise and its authority from the perspective of Imam Khomeini and some experts, the functions of the judicial procedure were also explained. It is considered and thus can not be considered an obstacle to the application of judicial procedure in the general sense (rule-making procedure) in the Iranian judicial system.https://jlr.sdil.ac.ir/article_160181_0ed8e8ff0899a6e9198da18ae500e863.pdfjudicial procedurethe way of the wiseunity procedural votethe interests of the systemjurisprudence and law |
| spellingShingle | Moein Gholamalipour Ahmad Bagheri Evaluation of Judicial Procedure in the Essence of the Method of the Wise پژوهشهای حقوقی judicial procedure the way of the wise unity procedural vote the interests of the system jurisprudence and law |
| title | Evaluation of Judicial Procedure in the Essence of the Method of the Wise |
| title_full | Evaluation of Judicial Procedure in the Essence of the Method of the Wise |
| title_fullStr | Evaluation of Judicial Procedure in the Essence of the Method of the Wise |
| title_full_unstemmed | Evaluation of Judicial Procedure in the Essence of the Method of the Wise |
| title_short | Evaluation of Judicial Procedure in the Essence of the Method of the Wise |
| title_sort | evaluation of judicial procedure in the essence of the method of the wise |
| topic | judicial procedure the way of the wise unity procedural vote the interests of the system jurisprudence and law |
| url | https://jlr.sdil.ac.ir/article_160181_0ed8e8ff0899a6e9198da18ae500e863.pdf |
| work_keys_str_mv | AT moeingholamalipour evaluationofjudicialprocedureintheessenceofthemethodofthewise AT ahmadbagheri evaluationofjudicialprocedureintheessenceofthemethodofthewise |