THE CONDITIONS FOR HEARING A DISPUTE IN ISLAMIC JURISPRUDENCE: REVIEW OF ARTICLE 84 (3) AND ARTICLES 5-11 OF IRANIAN CIVIL PROCEDURE CODE

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HORMOZI KHIEROLLAH

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Journal: PRIVATE LAW Year:2016 | Volume:4 | Issue:13 Page(s): 9-35

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Title

THE CONDITIONS FOR HEARING A DISPUTE IN ISLAMIC JURISPRUDENCE: REVIEW OF ARTICLE 84 (3) AND ARTICLES 5-11 OF IRANIAN CIVIL PROCEDURE CODE

Author(s)

HORMOZI KHIEROLLAH | Issue Writer Certificate

Keywords

DISPUTEQ1

HEARING DISPUTEQ2

DECLINED ORDERQ2

OBJECTIONSQ1

OBSTACLES TO HEARING DISPUTEQ2

Abstract

Articles 5 and 7-11 of the Civil Procedure Code have been influenced by Islamic jurisprudence. Articles 7-11 did not exist in the previous version of the Civil Procedure Code. In Islamic jurisprudence, these and other issues are regarded as conditions for hearing the DISPUTE. Iranian legislator has, however, treated theses issues as OBJECTIONS and obstacles to hearing the DISPUTE. In the event of lacking these conditions, the DISPUTE cannot be heard and the court must issue an order for not hearing the case. This is contrasted with a DECLINED ORDER. The aim of this article is to examine the conditions for a DISPUTE to be heard in Islamic jurisprudence and compare Iranian Civil Procedure Code with French law.

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APA: Copy

HORMOZI, KHIEROLLAH. (2016). THE CONDITIONS FOR HEARING A DISPUTE IN ISLAMIC JURISPRUDENCE: REVIEW OF ARTICLE 84 (3) AND ARTICLES 5-11 OF IRANIAN CIVIL PROCEDURE CODE. PRIVATE LAW, 4(13 ), 9-35. SID. https://sid.ir/paper/252696/en

Vancouver: Copy

HORMOZI KHIEROLLAH. THE CONDITIONS FOR HEARING A DISPUTE IN ISLAMIC JURISPRUDENCE: REVIEW OF ARTICLE 84 (3) AND ARTICLES 5-11 OF IRANIAN CIVIL PROCEDURE CODE. PRIVATE LAW[Internet]. 2016;4(13 ):9-35. Available from: https://sid.ir/paper/252696/en

IEEE: Copy

KHIEROLLAH HORMOZI, “THE CONDITIONS FOR HEARING A DISPUTE IN ISLAMIC JURISPRUDENCE: REVIEW OF ARTICLE 84 (3) AND ARTICLES 5-11 OF IRANIAN CIVIL PROCEDURE CODE,” PRIVATE LAW, vol. 4, no. 13 , pp. 9–35, 2016, [Online]. Available: https://sid.ir/paper/252696/en

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