JURISPRUDENCE CONSIDERATION OF HESABI OR JUDICIAL ASPECT OF LIMITS AND TAZIRAT

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MOHAMMADZADEH RAHNI M.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2009 | Volume:5 | Issue:15 Page(s): 161-173

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Information Journal Paper

Title

JURISPRUDENCE CONSIDERATION OF HESABI OR JUDICIAL ASPECT OF LIMITS AND TAZIRAT

Author(s)

MOHAMMADZADEH RAHNI M. | Issue Writer Certificate

Keywords

THE EXECUTIVEQ2

JUDICIARYQ2

LEGISLATIVE POWERQ3

HESBAHQ2

HESBI AFFAIRSQ3

JUDICIAL AFFAIRSQ3

LIMITSQ1

DISCRETIONARYQ2

CORRECTIONSQ3

MOHTASIBQ3

Abstract

In this research two subjects have been considered: First; the jurisprudence examination of the HESBI AFFAIRS and their difference with JUDICIAL AFFAIRS: HESBI AFFAIRS are those which are fulfilled with a spiritual motive and with the aim of development of goodness in society, enjoining that which is good and forbidding that which is abominable are of these affairs, and their difference with JUDICIAL AFFAIRS is that the investigation of JUDICIAL AFFAIRS is in the domain of jurisdiction of judicial courts and the existence of these affairs is due to clear proof and oath, and they are mooted in the case of litigation, but the investigation of HESBI AFFAIRS is within jurisdiction of the minister of complaints (Mohtasib) or his deputies and their being is not due to clear proof, oath and establishment of litigation. Second; the examination of this point that if the LIMITS and DISCRETIONARY CORRECTIONS are of the Hesbi tasks or of the judicial one?It can be said in response that the LIMITS and DISCRETIONARY CORRECTIONS are of Hesbi tacks not the judicial one, because these do not depend on clear proof, oath, and the establishment of litigation, therefore, the execution of them is not in the scope of jurisdiction of THE EXECUTIVE, and the agent of this power in JUDICIARY means that the public prosecutor execute them.

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APA: Copy

MOHAMMADZADEH RAHNI, M.. (2009). JURISPRUDENCE CONSIDERATION OF HESABI OR JUDICIAL ASPECT OF LIMITS AND TAZIRAT. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 5(15), 161-173. SID. https://sid.ir/paper/134314/en

Vancouver: Copy

MOHAMMADZADEH RAHNI M.. JURISPRUDENCE CONSIDERATION OF HESABI OR JUDICIAL ASPECT OF LIMITS AND TAZIRAT. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2009;5(15):161-173. Available from: https://sid.ir/paper/134314/en

IEEE: Copy

M. MOHAMMADZADEH RAHNI, “JURISPRUDENCE CONSIDERATION OF HESABI OR JUDICIAL ASPECT OF LIMITS AND TAZIRAT,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 5, no. 15, pp. 161–173, 2009, [Online]. Available: https://sid.ir/paper/134314/en

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