Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law

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IZADI FARD ALI AKBAR; KAVIAR HOSSEIN; HOSSEIN NEJAD SEYYED MOJTABA

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Journal: Journal of Judicial Law Views Year:2018 | Volume:- | Issue:81 Page(s): 29-52

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Information Journal Paper

Title

Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law

Author(s)

IZADI FARD ALI AKBAR | KAVIAR HOSSEIN | HOSSEIN NEJAD SEYYED MOJTABA | Issue Writer Certificate

Keywords

judgeQ2

proof-unneeded justice (it is based on jurist justness when there is no need his justice be vindicated)Q1

proof-needed justice (The principle is based on unjustness of jurist and his justice needs to be vindicated)Q2

Imamiyah JurisprudenceQ1

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.

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APA: Copy

IZADI FARD, ALI AKBAR, KAVIAR, HOSSEIN, & HOSSEIN NEJAD, SEYYED MOJTABA. (2018). Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law. JOURNAL OF JUDICIAL LAW VIEWS, -(81 ), 29-52. SID. https://sid.ir/paper/217806/en

Vancouver: Copy

IZADI FARD ALI AKBAR, KAVIAR HOSSEIN, HOSSEIN NEJAD SEYYED MOJTABA. Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2018;-(81 ):29-52. Available from: https://sid.ir/paper/217806/en

IEEE: Copy

ALI AKBAR IZADI FARD, HOSSEIN KAVIAR, and SEYYED MOJTABA HOSSEIN NEJAD, “Proof-needed jurisprudential justice of judge in Imamiyah jurisprudence and Iranian law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. -, no. 81 , pp. 29–52, 2018, [Online]. Available: https://sid.ir/paper/217806/en

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