JURISPRUDENTIAL STUDY OF JUDGMENT IN ABSENCE

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NAZARI TAVAKKOLI SAEID; HEYDARI MOSLEM

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Journal: Islamic jurisprudence Resaerch Year:2018 | Volume:13 | Issue:4 Page(s): 817-840

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Information Journal Paper

Title

JURISPRUDENTIAL STUDY OF JUDGMENT IN ABSENCE

Author(s)

NAZARI TAVAKKOLI SAEID | HEYDARI MOSLEM | Issue Writer Certificate

Keywords

ABSENTQ1

TRIALQ2

LEGITIMACYQ1

EVIDENCEQ1

PRINCIPLEQ1

Abstract

The LEGITIMACY of the judgment against the person who is ABSENT from the due process meeting is an important matter in judicial jurisprudence. On the one hand, it is not possible to hold hearing session provided that both parties should attend the court, becouse some people do not have the possibility or intention to appear in the court. And on the other hand, TRIAL against the ABSENT should not result to wastage of his rights. Imamiyyah jurisprudents have different opinions to solve this dichotomy. Some of them, refferring to the PRINCIPLE of the autonomy of the individual, have limited the judgment against ABSENT to the (rights of people) narrative. Another group, referring to the general EVIDENCEs for judgment, hold that it is not necessary for all parties to be present at the court and belive that it is permissible to make judgment against the ABSENT. These studies show that based on the primary PRINCIPLE of the autonomy of the individual, it is permissible to make judgment against ABSENT on the rights of people. On the right of Allah, there is no reason to permit proceedings. Judgment creditor is also abliged to provide appropriate guarantees to protect the rights of ABSENT (judgment detor).

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APA: Copy

NAZARI TAVAKKOLI, SAEID, & HEYDARI, MOSLEM. (2018). JURISPRUDENTIAL STUDY OF JUDGMENT IN ABSENCE. ISLAMIC JURISPRUDENCE RESEARCH, 13(4 ), 817-840. SID. https://sid.ir/paper/220905/en

Vancouver: Copy

NAZARI TAVAKKOLI SAEID, HEYDARI MOSLEM. JURISPRUDENTIAL STUDY OF JUDGMENT IN ABSENCE. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;13(4 ):817-840. Available from: https://sid.ir/paper/220905/en

IEEE: Copy

SAEID NAZARI TAVAKKOLI, and MOSLEM HEYDARI, “JURISPRUDENTIAL STUDY OF JUDGMENT IN ABSENCE,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 4 , pp. 817–840, 2018, [Online]. Available: https://sid.ir/paper/220905/en

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