PRINCIPLE-APPEARANCE PRIORITY ACCORDING TO SHIITE JURISPRUDENCE AND IRANIAN APPLICABLE LAW

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ALISHAHI GHALEHJOUGHI ABOLFAZL; NAJAFI KASHKOULI SOMAYEH

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Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2017 | Volume:10 | Issue:19 Page(s): 161-193

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Title

PRINCIPLE-APPEARANCE PRIORITY ACCORDING TO SHIITE JURISPRUDENCE AND IRANIAN APPLICABLE LAW

Author(s)

ALISHAHI GHALEHJOUGHI ABOLFAZL | NAJAFI KASHKOULI SOMAYEH | Issue Writer Certificate

Keywords

PRINCIPLEQ2

APPEARANCEQ2

CONFLICTQ2

LEGAL PRESUMPTION OF CONTINUITY OF STATUS QUO IN DOUBTFUL CASE (ISTISHAB)Q2

PRINCIPLE OF NON-EXISTENCEQ1

PRINCIPLE OF VALIDITYQ2

Abstract

One of the most commonly used fundamental issues in Islamic jurisprudence and therefore in Islamic law is PRINCIPLE-appearance CONFLICT and their relative superiority. APPEARANCE means the reasons that give rise to doubt based the nature of the things, which originates from proof. On the other hand, PRINCIPLE is a means to resolve CONFLICT and confusion, without trying to discover the facts and without giving rise to any doubt about them. Many scholars use the doctrine of priority of valid presumptions over PRINCIPLEs to resolve such CONFLICT, based on which they give priority to PRINCIPLE. How some give priority to PRINCIPLEs over presumptions. The law, influenced by Islamic jurisprudence, gives priority to valid presumptions over PRINCIPLEs in case of applicable law too, which is quite natural given the law, follows the Islamic jurisprudence. Thus, this research sought to study the concept and discuss the relevant basic arguments to question such rule overall and to answer the question whether APPEARANCE or PRINCIPLE must be given priority by a lawyer or judge when faced by APPEARANCE-PRINCIPLE CONFLICT.

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APA: Copy

ALISHAHI GHALEHJOUGHI, ABOLFAZL, & NAJAFI KASHKOULI, SOMAYEH. (2017). PRINCIPLE-APPEARANCE PRIORITY ACCORDING TO SHIITE JURISPRUDENCE AND IRANIAN APPLICABLE LAW. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 10(19 ), 161-193. SID. https://sid.ir/paper/358036/en

Vancouver: Copy

ALISHAHI GHALEHJOUGHI ABOLFAZL, NAJAFI KASHKOULI SOMAYEH. PRINCIPLE-APPEARANCE PRIORITY ACCORDING TO SHIITE JURISPRUDENCE AND IRANIAN APPLICABLE LAW. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2017;10(19 ):161-193. Available from: https://sid.ir/paper/358036/en

IEEE: Copy

ABOLFAZL ALISHAHI GHALEHJOUGHI, and SOMAYEH NAJAFI KASHKOULI, “PRINCIPLE-APPEARANCE PRIORITY ACCORDING TO SHIITE JURISPRUDENCE AND IRANIAN APPLICABLE LAW,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 10, no. 19 , pp. 161–193, 2017, [Online]. Available: https://sid.ir/paper/358036/en

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