List of Articles طریقیت

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Subjectivity or Method of the Indications in the Validity of Ijtihad by Looking at Holy Quran and Narrations
  Mostafa Rashedi Ahmad Reza Tavakoli Mohammad Ali Heidari
  There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the More

  There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the hints appointed by the Sharia which are evidence and confession, or the knowledge of a judge without specific hints has the authority to issue a rule. The result of this debate on the validity of ijtihad or the adequacy may show itself and be useful in terms of its single criteria. Since examination of the hints (evidence and confession) is a completely specialized matter in the field of expertise of a mujtahid, then assuming that indication and evidence are relevant in proving a claim and verdict, then ijtihad is necessary for judgment, and if we can prove evidence and confession are only a way to the truth then the truth is revealed to the judge and the judge can issue a verdict, so ijtihad is not necessary. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Evaluating the Evidence to Prove the Case with regard to Validating the Conscience of the Judge in Issuing a Verdict
  Rahman Valizadeh
  10.22034/ijrj.2021.684736
  Persuasion of the conscience of the judge is explicitly stipulated in Article 374 of the Code of Criminal Procedure adopted in 1392 , although its validity is not explicitly mentoned in the Quran and hadiths. But from the content of  some verses including verse 58 More

  Persuasion of the conscience of the judge is explicitly stipulated in Article 374 of the Code of Criminal Procedure adopted in 1392 , although its validity is not explicitly mentoned in the Quran and hadiths. But from the content of  some verses including verse 58 of Surah An-Nisa, if you rule between the people and  rule with strict justice. Also , Islamic narrations can be drawn upon for the sake of con vincing conscience. If we seek to diccover the truth in the judiciary and to establish judicial justice in accordance, and not just settling the hostility, the judge himself will be allowed to use the two basic principles of free achieving of reason and evaluating the reason and do the necessary investigation on the basis of the evidence presented during the trial, and in case of conviction especially in the criminal case which is related to the lives, honor and dignity of the people, if he comes to in ternal conscience, he can issue a verdict. Manuscript profile