Analysis of Major Policy Statements in Islamic Judicial System from the Perspective of Policy-Making and Decision-Making
Subject Areas : حکمرانی قضاییNima Norouzi 1 , Seyyed Samsameddin Qavami 2
1 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
2 - Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran
Keywords: Imami Jurisprudence, Judicial Policy-Making, Procedural Justice, Judicial Independence, Institutional Transparency.,
Abstract :
This research aims to explain the jurisprudential and velayat-based principles of the eight policies and decision-making principles in the Islamic judicial system, through a comparative analysis of the foundations of justice in Imami jurisprudence. The results show that justice, from the perspective of Imami jurisprudence, is not merely a moral command but a structural system of velayat that encompasses both the content and the form of the judicial process. Based on jurisprudential principles such as the negation of hardship and distress, negation of coercion, the principle of "no harm," prioritization of the more important over the less important, and the obligation of judicial decisions, each of these propositions carries legal obligations and social wisdom. The present study emphasizes that the acceptance of legitimate claims, the use of alternative dispute resolution methods, the independence of the judiciary, simplicity and speed in proceedings, proportionality between the ruling and the subject matter, procedural justice, the alignment of the case's importance with its precision, and institutional transparency are the fundamental pillars of sustainable justice in the Islamic judicial system. Furthermore, it has been shown that exceptions arising from public interests or the necessity of confidentiality are only legitimate within the framework of the supervision of the Guardian Jurist. As a result, the Islamic judicial system in Imami jurisprudence provides a comprehensive model of velayat-based, rational, and accountable judicial governance that institutionalizes justice in behavior, structure, and decision-making.
