JURISPRUDENTIAL INVESTIGATION OF CONTENTIOUS LITIGATION IN NON-ISLAMIC COURTS

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HABIBNEZHAD SEYED AHMAD; BEKHRAD MOSTAFA

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Journal Paper

Paper Information

Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 341-363

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Information Journal Paper

Title

JURISPRUDENTIAL INVESTIGATION OF CONTENTIOUS LITIGATION IN NON-ISLAMIC COURTS

Author(s)

HABIBNEZHAD SEYED AHMAD | BEKHRAD MOSTAFA | Issue Writer Certificate

Keywords

LAWSUITQ1

LITIGATIONQ2

ARBITRATIONQ1

UNJUST JUDGEQ1

NON-ISLAMIC COURTSQ1

Abstract

In the case of authority and the possibility of referring to the righteous Muslim judge, ARBITRATION and LITIGATION against the UNJUST JUDGE and non-Islamic court are not permissible. In this regard, several evidences including verses of the Quran, Islamic narrations, consensus and intellect have been relied on. But the main point arises where there is no possibility to refer to the righteous Muslim judge. In this case, is it permissible to suit ARBITRATION or LITIGATION process in UNJUST JUDGEs and international ARBITRATION institutions? And in the case where a non-Muslim judge gives judgment in favor of a Muslim is it permissible for the Muslim to commit to that judgment? Jurisprudents have different views in this regard. Some of them consider it permissible to refer to international NON-ISLAMIC COURTS in the case of secondary situations like emergency, harm, and hardship. The present paper, taking use of descriptive-analytical method of research, investigates different views of the jurisprudents and the evidences for LITIGATION in non-Islamic tribunals and studies four possible cases for obtaining the judgment by these courts.

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APA: Copy

HABIBNEZHAD, SEYED AHMAD, & BEKHRAD, MOSTAFA. (2017). JURISPRUDENTIAL INVESTIGATION OF CONTENTIOUS LITIGATION IN NON-ISLAMIC COURTS. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 341-363. SID. https://sid.ir/paper/220998/en

Vancouver: Copy

HABIBNEZHAD SEYED AHMAD, BEKHRAD MOSTAFA. JURISPRUDENTIAL INVESTIGATION OF CONTENTIOUS LITIGATION IN NON-ISLAMIC COURTS. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):341-363. Available from: https://sid.ir/paper/220998/en

IEEE: Copy

SEYED AHMAD HABIBNEZHAD, and MOSTAFA BEKHRAD, “JURISPRUDENTIAL INVESTIGATION OF CONTENTIOUS LITIGATION IN NON-ISLAMIC COURTS,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 341–363, 2017, [Online]. Available: https://sid.ir/paper/220998/en

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