EXAMINATION OF THE EVIDENCE OF LEGAL ESPONSIBILITY BASED ON JUDGE’S FAULT

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MOUSAVI S.M.S.; ANVARI B.

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Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2018 | Volume:9 | Issue:17 Page(s): 209-234

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Title

EXAMINATION OF THE EVIDENCE OF LEGAL ESPONSIBILITY BASED ON JUDGE’S FAULT

Author(s)

MOUSAVI S.M.S. | ANVARI B. | Issue Writer Certificate

Keywords

JUDGEQ2

FAULTQ2

CIVIL LIABILITYQ2

CRIMINAL LIABILITYQ2

Abstract

In the judicial system of Islam, the aim of the judgment is to provide financial, physical and reputation security to the people, which is undoubtedly of particular importance, indicating the sensitivity of the office of judgment. Occasionally, following wrong judgments based on JUDGE’s FAULT, individuals suffer damages, in which case the JUDGE will be liable for the loss caused by his professional FAULT. Given that JUDGEs do not have absolute immunity, the most important questions that rise in this regard is what is the reason for the legitimacy of the JUDGE's civil and CRIMINAL LIABILITY? Why is it that the damaged party is entitled to damages, and whether such party may require a JUDGE to pay damages. Examining religious reasons, such as Quranic verses, hadiths and rules in valid jurisprudential sources as well as legal sources, implies acceptance of civil and CRIMINAL LIABILITY based on the FAULT of the JUDGE and in cases where their judgments based on their FAULT lead to any financial, physical and dignity damages to the individuals, they are held responsible to the damaged party.

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APA: Copy

MOUSAVI, S.M.S., & ANVARI, B.. (2018). EXAMINATION OF THE EVIDENCE OF LEGAL ESPONSIBILITY BASED ON JUDGE’S FAULT. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 9(17 ), 209-234. SID. https://sid.ir/paper/229821/en

Vancouver: Copy

MOUSAVI S.M.S., ANVARI B.. EXAMINATION OF THE EVIDENCE OF LEGAL ESPONSIBILITY BASED ON JUDGE’S FAULT. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2018;9(17 ):209-234. Available from: https://sid.ir/paper/229821/en

IEEE: Copy

S.M.S. MOUSAVI, and B. ANVARI, “EXAMINATION OF THE EVIDENCE OF LEGAL ESPONSIBILITY BASED ON JUDGE’S FAULT,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 9, no. 17 , pp. 209–234, 2018, [Online]. Available: https://sid.ir/paper/229821/en

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