The role of experts in the field of Islamic law in the realization of administrative justice
Subject Areas :
Mohammad
Habibi
1
(Ph.D. student of public Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. Daftar2habibi@yahoo.com)
Faramarz
Atrian
2
(Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.)
Keywords: Islamic law, Islamic jurisprudence, Administrative justice, formal expertise,
Abstract :
In Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the evolution, development and progress achieved in this regard, the proof of some issues has become very complicated and their diagnosis requires special expertise which by providing technical and specialized information, the truth of the matter becomes clear from this. It is very important to refer to experts in order to conduct research and discover the truth in many topics including criminal, legal, family and custom affairs, etc. This research aims to investigate the role of Islamic legal experts in realizing administrative justice. The findings of the research show that based on jurisprudence texts in the Civil Procedure Law and other related laws, referring to an expert and choosing an expert is subject to special systems in criminal matters, as well as Articles 448, 451, 452, 461, 463, 469 of the Islamic Penal Code. Refering to experts according to articles 83, 84, 85, 87, 88 of the procedure of public and revolutionary courts in criminal matters by inviting experts to express their opinions from a scientific and technical point of views and special information and even to attract them in The crimes of disrupting security and public order in case of non-attendance without a valid excuse have been mentioned.
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