A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Subject Areas : Civil LawShaghayegh Shaghayegh shamsi 1 , Abedin momeni 2
1 - Master of Contemporary Jurisprudence and Islamic Penal Law, Department of Jurisprudence and Law, Faculty of Jurisprudence and Law, University of Islamic Religions and Religions, Tehran, Iran.
2 - Associate Professor of Theology and Islamic Studies, Department of Theology and Islamic Studies, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.
Keywords: Civil Liability, Judge, Judge's Conditions, Compensation, Immunity, Jurisprudence of Islamic Religions, Iranian Law,
Abstract :
According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary.
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