Adjudication in courts often relies on practical principles due to the absence of evidence, doubling their importance in judicial jurisprudence. We discussed the nature and various dimensions of judicial practical principles with Hujjat al-Islam wal-Muslimeen Akbar Khadim al-Zakirin, faculty member of the Jurisprudence and Criminal Law Department at Jami‘at al-Mustafa. He does not consider judicial jurisprudence to possess exclusive practical principles distinct from the general practical principles of the science of jurisprudence. In his view, the evidence establishing the authoritativeness of practical principles also proves their authoritativeness in judicial jurisprudence. The full text of Contemporary Jurisprudence’s exclusive interview with this professor of advanced jurisprudence and principles at Qom Seminary is presented below:

Even if one cannot consider the most important application of practical principles to be in penal jurisprudence, certainly one of the most frequent applications of these principles is in this chapter of jurisprudence. Although there has been much discussion regarding practical principles in the science of Principles of Jurisprudence (Usul al-Fiqh), less attention has been paid to the practical principles specific to penal jurisprudence. Hujjat al-Islam wal-Muslimeen Seyyed Mohammad Reza Shariatmadar Jazayeri has been teaching principles and jurisprudence in the Qom Seminary and various counties for many years. This lecturer at Baqir al-Ulum University has expounded upon these specific practical principles in this exclusive interview. The former Deputy of Research at the Imam Reza (AS) Seminary Institute of Higher Education believes that penal jurisprudence possesses both specific rules and practical principles whose most frequent application is in this chapter of jurisprudence. The detailed text of Contemporary Jurisprudence’s exclusive interview with this professor and researcher of the seminary and university follows below:

The Principle of Exemption (Asl-e Bara’ah) has many applications in the jurisprudence of adjudication (Fiqh-e Qaza). But is this principle the same as the principle of primary permissibility in objects, or does it differ from it? Hujjat al-Islam wal-Muslimeen Dr. Seyyed Ali Alavi Qazvini, a professor in the Department of Private Law at the Farabi Campus of the University of Tehran, has discussed this issue in an article published in the Quarterly Journal of Principles Research (Faslnameh-ye Pajohesh-haye Osuli). Below, a summary of this article is presented.