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Paper Information

Journal:   NAMEH-YE-MOFID   AUGUST-SEPTEMBER 2003 , Volume 9 , Number 3 (37 LAW); Page(s) 153 To 178.
 
Paper: 

THE STATUS OF JURY IN IRANIAN LEGAL SYSTEM AND ITS FIQHI FOUNDATIONS

 
 
Author(s):  AGHABABAEI BANI E.*
 
* 
 
Abstract: 

The institution of jury is of a long history; but its recent introduction into Iranian legal system, on the one hand, and the uncertainty of its fiqhi foundations, on the other, leave its real status unclear. The popular appointment of jury members, the judicial notice to their opinion, their lack of judicial expertise and their non-intervention in the judicial proceedings are among the requirements to be observed due to developments in the nature of this institution.

Commitment to these requirements in Iranian legal system can hardly be secured unless such a status be accorded on the basis of Islamic jurisprudence (fiqh). The present article, therefore, while exploring the nature of jury in the light of its origins, intends to critically examine Iranian laws, offer criteria for the compatibility of this institution with the rules of shari'a and finally give suggestions to strengthen legislation.

 

 
Keyword(s): JUDICIAL PROCEEDINGS, JOINT JUDGMENT, INDEPENDENCE OF THE JUDGE
 
References: 
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