Volume 23, Issue 81 (spring 2018)
__Judicial Law Views __2012__, 23(__59__): __22452 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Izadi Fard A A, Kaviar H, Hossein nejad S M. Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law. دیدگاههای حقوقی 2018; 23 (81) :29-52
URL: http://jlviews2.ujsas.ac.ir/article-1-1116-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1116-en.html
1- Professor of FIQH , Jurisprudence and Principles of Islamic law at Mazandaran University, Mazandaran Iran
2- Assistant Professor of Law, Arak University
3- Assistant professor of Fiqh, Jurisprudence and principles of Islamic law. Parsa Higher Education Institution, Babolsar, Mazandaran , responsible correspondent , hosseinkaviar@gmail.com
2- Assistant Professor of Law, Arak University
3- Assistant professor of Fiqh, Jurisprudence and principles of Islamic law. Parsa Higher Education Institution, Babolsar, Mazandaran , responsible correspondent , hosseinkaviar@gmail.com
Abstract: (3959 Views)
Abstract:
Justice, in the Islamic worldview, is one of the most important virtues a judge should possess. Particularly, Article 158 of the Constitution of the Islamic Republic of Iran provides that one of the duties of the president of the Judiciary is the requitment of most qualified, generous, honest and authentic judges. Also, in accordance with Article 163, the terms of office and the general conditions for the performance of the duties of judge are determined by law, There is a consensus among Islamic jurists about justice as a precondition for judges. But there are some differences among them as to the concept and criteria of justice. Some of the Islamic jurists emphasise on "minimal proof-needed justice" criteria and others on "maximal proof-needed justice" criteria. However, due to the complexity of the proof-needed justice and its rarity, the "justice clouse to the proof-needed justice" can be considered as a valid criteria which has a position over the "minimal proof-needed justice". Considering the importance of the judiciary, there is no difference between Islamic Jurists and judges in possessing the former Criteria of justice.
Justice, in the Islamic worldview, is one of the most important virtues a judge should possess. Particularly, Article 158 of the Constitution of the Islamic Republic of Iran provides that one of the duties of the president of the Judiciary is the requitment of most qualified, generous, honest and authentic judges. Also, in accordance with Article 163, the terms of office and the general conditions for the performance of the duties of judge are determined by law, There is a consensus among Islamic jurists about justice as a precondition for judges. But there are some differences among them as to the concept and criteria of justice. Some of the Islamic jurists emphasise on "minimal proof-needed justice" criteria and others on "maximal proof-needed justice" criteria. However, due to the complexity of the proof-needed justice and its rarity, the "justice clouse to the proof-needed justice" can be considered as a valid criteria which has a position over the "minimal proof-needed justice". Considering the importance of the judiciary, there is no difference between Islamic Jurists and judges in possessing the former Criteria of justice.
Keywords:
judge, proof-unneeded justice (it is based on jurist justness when there is no need his justice be vindicated), proof-needed justice (The principle is based on unjustness of jurist and his justice needs to be vindicated), Imamiyah Jurisprudence
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2017/11/14 | Revised: 2019/01/02 | Accepted: 2018/06/10 | Published: 2018/10/23 | ePublished: 2018/10/23
Received: 2017/11/14 | Revised: 2019/01/02 | Accepted: 2018/06/10 | Published: 2018/10/23 | ePublished: 2018/10/23
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
