A Review of the Application of

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Hasanzadeh Mahdi

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Journal Paper

Paper Information

Journal: ISLAMIC JURISPRUDENCE RESAERCH Year:2022 | Volume:18 | Issue:1 Page(s): 165-186

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Information Journal Paper

Title

A Review of the Application of "Istishab" in Civil Procedure

Author(s)

Hasanzadeh Mahdi | Issue Writer Certificate

Keywords

Istishab

Practical Principles

civil procedure

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Abstract

Istishab (presumed continuity of laws) is one of the practical principles that is widely used in jurisprudence and law. The status of this principle in jurisprudence and law and the lack of coordination of law with jurisprudence in this area needs to be studied. Regarding the application of this principle to judging and proceeding, the situation is different in jurisprudence and law. In jurisprudence, the application of this principle to judging is in serious doubt, and the jurists, except in rare cases, have not discussed the application of practical principles including istishab, and the lack of application of practical principles, including istishab, has been resolved and stipulated by the jurists. However in law, it is a famous view that this principle can be applied in litigation. This reputation has been influenced by the popularity of the application of practical principles in jurisprudence and law, and the particular status of practical principles of judging in jurisprudence has not been addressed. The article 198 of Civil Procedure Code has also stated the principle of the survival of already proved right and debt.

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