A Review on the Basics of Rejection of Judge in Imamiyeh Figh with a look at International Document

Subject Areas : All jurisprudential issues

Parvin Akbarineh ¹ , Behnam Amirshakeri ² , Ali GHaribeh ³ , Mohamad Taghi ⁴

1 - Assistant Professor, Islamic Azad University, Ahar Branch, Ahar, Iran
2 - PhD Student, Department of Private Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran
3 - Assistant Professor, Islamic Azad University, Tabriz Branch, Tabriz, Iran
4 - Professor, University of Tabriz, Tabriz Branch, Tabriz, Iran

Received: 2022-04-06 Accepted : 2022-05-30 Published : 2022-03-21

Keywords: Rejection of judge, Personal jurisdiction, rejection, Just Judgement,

Abstract :

In 0rder to hearing any case based on the rules of jurisdiction, aside from the fact that the judicial authority must has jurisdiction to hear the case, a judge who is refereed by the authority should also have personal jurisdiction to hear the same case on the basis of rules of judgement. Independence and observance of the principle of neutrality have been bases of rejection to the judge, guaranteed principle of just judgement, and has been dealt with in the branches of civil, criminal and administrative judgement. In the Islamic era, judges were appointed by the head of government that is khalifa. In this era, except for certain points of the history and rulings of some king, law in Iran has been based on jurisprudence; so, regarding the legal shortcomings, in addition to study just jurisprudential books, it is necessary also to consider principles and rules of transnational procedure cod. As well as, that how the issue of rejection to judge is raised in Islamic jurisprudence, in the principles of international judgment, and in the direction of globalization, and which appropriate guarantees are mentioned and anticipated in line of just judgment can create the context of correction and somewhat compensate void caused by the lack of judgement code.