نوع مقاله : علمی- پژوهشی
نویسندگان
1 دکتری فقه و حقوق، گروه فقه و حقوق اسلامی، الهیات، دانشگاه تهران، تهران، ایران
2 استاد، گروه فقه و حقوق، الهیات، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. However, Iranian law is no exception But its role is limited to the issuance of a unanimous ruling in the Supreme Court, which is referred to as judicial procedure in a specific sense. But one of the questions that has always been asked is why judicial procedure in the general sense has not had a proper place in Iranian law? And why no effort has been made to implement it in the Iranian judicial system? Since Iranian law originates from Islamic jurisprudence, the reason for this is the incompatibility of jurisprudence with Islamic rules, to the extent that a number of jurists have also denied the principles of jurisprudence in Islamic law. In this research, which has been collected by a descriptive analytical method, while examining the manners of the wise and its philosophy, the functions of judicial procedure and manners have also been explained. Also, by examining the nature of the morals and judicial procedure, it was found that the morals of the wise are one of the original principles of judicial practice. Thus, there can be no obstacle to the application of judicial procedure in the general sense (rule-making procedure) in the Iranian judicial system.
کلیدواژهها [English]
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