The Validity and Effect of the Dominance of Persuasion of the Judge's Conscience on the Purpose of the Trial

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Valizadeh Rahman; Mousavi Sayyed Mohammad Sadegh; Arabiyan Asghar

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2020 | Volume:16 | Issue:59 Page(s): 203-221

Download Full-Text

Persian Verion

View:

1,492

Download:

Cites:

Information Journal Paper

Title

The Validity and Effect of the Dominance of Persuasion of the Judge's Conscience on the Purpose of the Trial

Author(s)

Valizadeh Rahman | Mousavi Sayyed Mohammad Sadegh | Arabiyan Asghar | Issue Writer Certificate

Keywords

persuation of the judge's conscienceQ1

determination of the truthQ1

hostility resolutionQ2

administration of justiceQ2

Islamic litigationQ1

Abstract

In advanced and Islamic societies, with the evolution and advancement of legal and judicial systems, the courts are seeking the fundamental goal of justice which is the determination of truth and the administration of justice in the field of rules of litigation. For this purpose, the type of selecting and the choice of judicial system to achieve this goal is of crucial importance. Therefore, the traditional view in the Islamic jurisdiction which mostly defines Judement as resolution of hostility must be altered to ensure judge’ s confidence and conscientious trust regarding judicial principles of the litigation. By expanding the powers of the judge and the scope of the substantiatoin value of the claim, the method of finding evidence, and the sovereignty of persuasion of the judge's conscience, the judge must take steps to determine the truth and administer justice. In the study, conducted by analytical and descriptive method, we concluded that the purpose of litigation in the legal systems of the world as well as the Islamic one, especially in criminal matters related to the lives and bodies of individuals, is to determine the truth and ultimately administer justice. This goal can be achieved with the credibility and dominance of a system established to convince the judge's conscience.

Cites

No record.

References

No record.

Cite

APA: Copy

Valizadeh, Rahman, Mousavi, Sayyed Mohammad Sadegh, & Arabiyan, Asghar. (2020). The Validity and Effect of the Dominance of Persuasion of the Judge's Conscience on the Purpose of the Trial. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 16(59 ), 203-221. SID. https://sid.ir/paper/360546/en

Vancouver: Copy

Valizadeh Rahman, Mousavi Sayyed Mohammad Sadegh, Arabiyan Asghar. The Validity and Effect of the Dominance of Persuasion of the Judge's Conscience on the Purpose of the Trial. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2020;16(59 ):203-221. Available from: https://sid.ir/paper/360546/en

IEEE: Copy

Rahman Valizadeh, Sayyed Mohammad Sadegh Mousavi, and Asghar Arabiyan, “The Validity and Effect of the Dominance of Persuasion of the Judge's Conscience on the Purpose of the Trial,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 16, no. 59 , pp. 203–221, 2020, [Online]. Available: https://sid.ir/paper/360546/en

Related Journal Papers