Volume 27, Issue 99 (fall 2022)                   __Judicial Law Views __2012__, 27(__59__): __224168 | Back to browse issues page

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nojavan D. The approach of Imamiya jurisprudence abut judicial discrimination. دیدگاه‌های حقوقی 2022; 27 (99) :145-168
URL: http://jlviews.ujsas.ac.ir/article-1-2062-en.html
Azarbaijan Shahid Madani University , d.nojavan@azaruniv.ac.ir
Abstract:   (13 Views)
Although Imamiya jurists consider judicial discrimination unjust, they believe in the narrative assignment of this principle. In their opinion, the judge has right to consider the Muslim superior to non-Muslim in the court. This fatwa has not been stipulated rare, but it was claimed that there is no objection against it. this research has tried to investigate the roots of this discrimination and has reached this conclusion that regardless of the documental weakness, the relevant narrative argument is also incompatible with valid and stronger narrative arguments in terms of text and content. In spite of stronger narrations, the popularity of such a fatwa, on the one hand and acceptance of inherent and intellectual goodness and badness and the connection between the rule of reason and sharia, in the philosophy of jurisprudence of the Shia thinkers on the other hand and ultimately the impossibility of assigning rational rules from the perspective of Shia fundamentalists, it is resultant from the rupture of Imamiya jurisprudence with the philosophical and theological principles governing it (philosophy of jurisprudence) and the rupture with the rules of jurisprudential principles accepted by the Shia fundamentalists.


 
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Type of Study: Critical & Analisis | Subject: Pivate Law
Received: 2021/07/27 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25

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