A Principled Critique on Juristic (Legal) Operation

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ALIABADI ALI

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:52 | Issue:1 Page(s): 127-143

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Information Journal Paper

Title

A Principled Critique on Juristic (Legal) Operation

Author(s)

ALIABADI ALI | Issue Writer Certificate

Keywords

Diagnostic boardQ1

DisclaimerQ1

expert boardQ1

speculative judgmentQ1

Judicial boardQ1

obligationQ1

Abstract

Islam is very strict and rigorous to adjudication and very careful about verdicts and therefore tries to prevent injustice in judgment and encourages the Judicial System to further inquire to clarify the truth and bring the system to realism and prevent negligence. For this reason, Islam does not accept judgments based on speculation. Hence, the legal system must scrutinize and consider carefully; in addition, it must mobilize all its efforts and facilities to reach the truth to have a just and correct judgment and take care that nothing (intentionally or unintentionally) invalidates the verdict. The Diagnostic board and the Judicial board must also comply with this order; therefore, for the issuance of a vote, all members must reach a single opinion in a joint meeting or meetings and announce it to be the final opinion, and they must refrain from approving the opinion of one or two members without investigation and negotiation. The judiciary which is collectively generic should announce the opinion of the unit in conjunction with and after the necessary examination, rather than endorsing and signing the opinion of one of the members without a joint plan and sufficient research and knowledge.

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APA: Copy

ALIABADI, ALI. (2019). A Principled Critique on Juristic (Legal) Operation. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 52(1 ), 127-143. SID. https://sid.ir/paper/198450/en

Vancouver: Copy

ALIABADI ALI. A Principled Critique on Juristic (Legal) Operation. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;52(1 ):127-143. Available from: https://sid.ir/paper/198450/en

IEEE: Copy

ALI ALIABADI, “A Principled Critique on Juristic (Legal) Operation,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 52, no. 1 , pp. 127–143, 2019, [Online]. Available: https://sid.ir/paper/198450/en

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