The Executive Territory of Legal Principles andTtheir Relationship with Islamic Reliable Sources and Fatwa

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JOGHATAEI A.; nasiran najafabadi d.; ABBASIAN R.

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Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:10 | Issue:18 Page(s): 279-303

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Title

The Executive Territory of Legal Principles andTtheir Relationship with Islamic Reliable Sources and Fatwa

Author(s)

JOGHATAEI A. | nasiran najafabadi d. | ABBASIAN R. | Issue Writer Certificate

Keywords

Legal PrinciplesQ1

Judicial ProcedureQ2

Spirit of LawQ2

Judicial DecreeQ1

Abstract

According to Article 3 of the law of civil procedure, judges are responsible to issue claims according to Islamic reliable sources, Fatwas, and Legal Principles when there is lack of law or ambiguity of law. Executive domains of Islamic reliable sources and Fatwas are written; therefore, they are distinguished while executive domains of Legal Principles are not written and they are not distinguished. But the relationship between Legal Principles and Islamic reliable sources are not distinguished. It is not known whether Legal Principles are prior to Islamic reliable sources of or not. The priority of Legal Principles to authoritative Islamic sources and Fatwa cannot be inferred from Article 3. Therefore judges should be free in issuing claims according to Legal Principles of rules or their interpretation of it. Hence, the Legal Principles are standards for interpretation of rules when there is ambiguity in law or as an alternative to law and as the basis for issuing claims. If the relationship between the executive territory of Legal Principles with Islamic reliable sources and Fatwas are clear, their distinction and performance will be better in courts.

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APA: Copy

JOGHATAEI, A., nasiran najafabadi, d., & ABBASIAN, R.. (2019). The Executive Territory of Legal Principles andTtheir Relationship with Islamic Reliable Sources and Fatwa. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 10(18 ), 279-303. SID. https://sid.ir/paper/207125/en

Vancouver: Copy

JOGHATAEI A., nasiran najafabadi d., ABBASIAN R.. The Executive Territory of Legal Principles andTtheir Relationship with Islamic Reliable Sources and Fatwa. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;10(18 ):279-303. Available from: https://sid.ir/paper/207125/en

IEEE: Copy

A. JOGHATAEI, d. nasiran najafabadi, and R. ABBASIAN, “The Executive Territory of Legal Principles andTtheir Relationship with Islamic Reliable Sources and Fatwa,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 10, no. 18 , pp. 279–303, 2019, [Online]. Available: https://sid.ir/paper/207125/en

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