General Principles of Judicial Governance in Imāmī Jurisprudence and the Derivation of Macro-Level Judicial Governance Policies from Them
Subject Areas : حکمرانی قضاییSeyyed Samsameddin Qavami 1 , Nima Norouzi 2
1 - Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran
2 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: Imāmī jurisprudence, judicial governance, justice, judicial policymaking, Islamic system-building,
Abstract :
This study aims to elucidate the jurisprudential foundations of judicial governance in Imāmī (Shiʿa) law and to align them with twenty-five macro-level policy principles governing the administration of the judicial system. Employing a descriptive–analytical methodology and drawing upon Qur’anic sources, Prophetic and Imamic narrations, and classical and contemporary works of Imāmī jurisprudence, the research identifies twelve overarching principles of judicial governance, including transparency, independence, meritocracy, accountability, coordinated participation, institutional coherence, emphasis on macro-level policymaking, financial autonomy, and an overarching discourse of justice. Comparative analysis demonstrates that all twenty-five policy principles—across the four domains of governance, adjudication, budgeting, and financial provision—are rooted in these jurisprudential foundations. In effect, global experiences in judicial governance reflect structural parallels to the normative teachings of Imāmī fiqh. Accordingly, achieving sustainable justice within an Islamic system requires policymaking grounded in these foundational principles to enable effective system-building and legislation. The findings indicate that Imāmī jurisprudence possesses both the theoretical depth and practical capacity to articulate a comprehensive model of “Islamic Judicial Governance.” This model preserves the authenticity of religious doctrine while responding to contemporary managerial and institutional demands, thereby transforming justice into a sustainable, transparent, and people-centered system.
