Judge

Open Access Article

1 - The relationship between the Lacanian subject and the formation of theories of the failure of the constitutional movement
Mohammad Bagheri ali mokhtari Hamdallah akvani Sadegh Haghighat

Throughout history, numerous movements have been formed in various societies, and after almost all of them, thinkers have emerged who have judged the failure of that movement and theorized it. Therefore, this question arises as to why, despite the influence of movements More

Throughout history, numerous movements have been formed in various societies, and after almost all of them, thinkers have emerged who have judged the failure of that movement and theorized it. Therefore, this question arises as to why, despite the influence of movements, the subject is persuaded to its failure? To find the answer, Jacques Lacan's psycho-socio-political theories, which have a post-structural background, have been used as a method. Also, the constitutional movement, as an example, has been chosen as a case study for applying Lacan theories. The possible answer to this question, based on Lacan theories, refers to the importance of the subject's desire and fantasy in human dynamism and movement. The research findings show that the subject's belief in failure is inevitable. But this belief is not related to reality but is rooted in the perpetual and ontological gap between the subject and the other. Manuscript profile

Open Access Article

2 - Islamic Judicial System and Diversity of Courts
Mohammad Ja’fari Harandi

The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary chang More

The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary changes yet. The question of this paper is: what are the needs to change Islamic juridical procedures and judicial system? Taking into account the religious principles, particularly legitimacy of the judge as well as distinction between arbitration on the divine rights and the people’s rights based on jurisprudence, and also, arguing that social rights are distinct from the divine rights, attempts have been made in this research to propose some changes in the juridical procedures which include: setting up of different courts congruent with the nature of the forwarded cases such as individual personal rights, society’s rights, and divine rights. The judges dealing with the first two groups of rights are to be elected by the people, while the judges handling the cases related to the divine rights and pertaining issues are to be appointed by the ruler of the Islamic state. Manuscript profile

Open Access Article

3 - constitutionial and jurisprudential buoldings provide a judgs knowledge as a conflict of interest and evidence
مهدی بهره مند ahmadreza tavakoli mohammadhadi mahdavi

In this paper, the conflict between the judge's knowledge and other evidence of legal proof with an approach to the jurisprudential and ethical principles has been investigated. In the process of this research, the ethical, legal and jurisprudential issues and concepts More

In this paper, the conflict between the judge's knowledge and other evidence of legal proof with an approach to the jurisprudential and ethical principles has been investigated. In the process of this research, the ethical, legal and jurisprudential issues and concepts in the direction of realization of the research foundations and the subject are presented and according to The moral principles, jurisprudential arguments, and the principled rules of the authority of the judge's knowledge have been violated, with the statement that when claims with supposed arguments such as confessions and binetry that are incompletely explicable can be proved, then the first is the knowledge of the judge who has the whole Kashfit Is true. Therefore, during the process of hearing and issuing a vote, the necessity and necessity of realizing the persuasion of the judge's conscience is inevitable for the discovery of the truth, and this persuasion is based on moral standards such as patience, justice, justice, equality, and so on. Why The lack of these matters can be a barrier to the judge's knowledge of his conscience, for example, a judge who does not have a moral and social justice, will not be the judge of justice in the first instance. The priority of science has been proved by the judge's suspect and prioritization of Binet and the Emirates, Rahjān and the priority of the judge's knowledge. After verifying the priority of the judge's knowledge, based on the principles of jurisprudence and ethics that underlie their judgments, they can be innovated and redistributed. This study, as a judge and court judge, especially where the legislator has held silence as a conflict, finds that the judge can handle the priority of judge's judgment. Manuscript profile

Open Access Article

4 - Moral conscience and its function on the behavior of judges in the Iranian judicial system
Yahya Jafari Ahmad Reza Khazaei Jamshid Masoumi

Judgment has a high status in the Islamic jurisprudential school and the judge, as an important pillar of this school, in addition to having a remarkable dignity, is also exposed to internal and external dangers. The spread of justice, as the final goal of the judicial More

Judgment has a high status in the Islamic jurisprudential school and the judge, as an important pillar of this school, in addition to having a remarkable dignity, is also exposed to internal and external dangers. The spread of justice, as the final goal of the judicial system, requires that worthy and pious people of will and faith in the position of this position, to issue a verdict and exercise the right, but given the existence of the essence in human existence, which He swears by the misguidance of man and in verse 82 of Surah Al-As, he says: In this research, it has been proved that although the health of the judiciary and the judge can be assured, but the role of supervision will not be negated and the supervisory body will create a map by explaining different indicators in this supervision. Manuscript profile

Open Access Article

5 - Judge Abdul Jabbar Mu'tazili's view on seeing God is based on the rule of denial
sed reza fatemi Einollah khademi

The possibility of seeing God with the body by man or not, has always been a matter of great concern among theologians as well as various Muslim sects, which can be understood from their conflicting views. Some differences, such as the similarity of human acceptance of More

The possibility of seeing God with the body by man or not, has always been a matter of great concern among theologians as well as various Muslim sects, which can be understood from their conflicting views. Some differences, such as the similarity of human acceptance of God, eventually led to skepticism, and some others, such as assumptions, became algebraic. Judge Abdul Jabbar Mu'tazili in this regard, the method of interpretation, along with the adoption of the rationalist method of the Mu'tazilites; Choose the premise of reason in the book, tradition, consensus, and reason. He also proved the concept of denying the sight of God by presenting a rational reason - confrontation - and six narrative reasons - according to the verses of the Holy Quran. The authors have made a serious critique of his views, which have not been seen intuitively or by heart. Manuscript profile

Open Access Article

6 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeni

10.61186/ahrar.38611.2.4.68

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 i More

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. Manuscript profile

List of Articles Judge

Rimag

Links

Related Centers

Technical Support

Official pages