Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 840-851 |
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Ahmadi Afzadi Z, Elmi Soula M S, Naseri Moghaddam H. Analytical Examination of the Possibility of Issuing and Violating the Verdict Based on the Knowledge of the Judge
(With Emphasis on the New Ideas of Ayatollah Mousavi Ardabili). MLJ 2022; 16 :840-851
URL: http://ijmedicallaw.ir/article-1-1748-en.html
URL: http://ijmedicallaw.ir/article-1-1748-en.html
1- Department of Theology, Payam Noor University, Iran.
2- Department of Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran
Abstract:
Background and Aim: Considering the innovations of Ayatollah Mousavi Erbili and his presentation of practical and new issues in the field of judicial jurisprudence, review and analysis of the new views and ideas and arguments of this jurist in criminal jurisprudence, taking into account the requirements of the time in the present era and according to the needs of today's society, it seems necessary. Among these issues in the subject of judgment, which has been disputed by jurists, is the judge's knowledge, the judge's ruling based on this knowledge and the possibility or impossibility of violating the judge's ruling based on this. In this article, he first examined the opinion of the famous jurists and then the opinion of Ayatollah Mousavi Ardabili, regarding the judge's actions according to his own knowledge and explained the evidence and bases of each and then examined the possibility and impossibility of violating the judgment by the judge himself if he finds out. That the verdict issued by him was wrong, we will pay. Analyzing the famous opinion, we analyze the opinion of Ayatollah Mousavi Ardabili with regard to the origin of the ruling violation.
Method: The thinking method in this research is descriptive-analytical and library data collection method using Shia and Sunni jurisprudence books.
Ethical Considerations: In all stages of writing this research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: Analyzing the famous opinion, we analyze the opinion of Ayatollah Mousavi Ardabili with regard to the origin of the ruling violation.
Conclusion: Famous jurists say that a judge can act according to his knowledge, but some people make a distinction between the rights of people and the rights of God and do not consider it permissible in the rights of God.
Please cite this article as:
Ahmadi Afzadi Z, Elmi Soula MS, Naseri Moghaddam H. Analytical Examination of the Possibility of Issuing and Violating the Verdict Based on the Knowledge of the Judge (With Emphasis on the New Ideas of Ayatollah Mousavi Ardabili). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e52.
Method: The thinking method in this research is descriptive-analytical and library data collection method using Shia and Sunni jurisprudence books.
Ethical Considerations: In all stages of writing this research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: Analyzing the famous opinion, we analyze the opinion of Ayatollah Mousavi Ardabili with regard to the origin of the ruling violation.
Conclusion: Famous jurists say that a judge can act according to his knowledge, but some people make a distinction between the rights of people and the rights of God and do not consider it permissible in the rights of God.
Please cite this article as:
Ahmadi Afzadi Z, Elmi Soula MS, Naseri Moghaddam H. Analytical Examination of the Possibility of Issuing and Violating the Verdict Based on the Knowledge of the Judge (With Emphasis on the New Ideas of Ayatollah Mousavi Ardabili). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e52.
Type of Study: Original Article |
Received: 2023/09/14 | Accepted: 2024/01/21
Received: 2023/09/14 | Accepted: 2024/01/21
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