Judicial Practical Principles
Articles in this Scientific Dossier
Judicial Presumptions and Legal Presumptions
Note: Practical principles (al-usul al-‘amaliyyah) stand in contrast to presumptions (amarat). But just as there are…
Read MoreThe Presumption of Innocence and Its Effects in Criminal Matters
Note: Although the presumption of innocence is one of the widely applied practical principles (al-usul al-‘amaliyyah)…
Read MorePractical Principles in the Realm of Adjudication
In recent decades, particularly following the victory of the Islamic Revolution, which resulted in the ascendancy…
Read MoreThe Position of the Principle of Innocence in the Iranian Judicial System with Reliance on Judicial Precedent
Note: The principle of innocence occupies a prominent and extensively applied position in judicial fiqh. The…
Read MoreJudicial Presumptions: Nature, Foundations, and Effects
Note: Practical principles (uṣūl ʿamaliyya) have always been contrasted with presumptions, and the prevalent view among…
Read MoreProcedural Principles in Criminal Jurisprudence and Law: Nature, Function, and Challenges
Note: In traditional treatises on the Principles of Jurisprudence (Usul al-Fiqh), Procedural Principles are typically analyzed…
Read MoreIn judicial fiqh, the focus should be on realism rather than duty-oriented approaches.
Note: Hujjat al-Islām wal-Muslimeen Dr. Alireza Abedi Sarasia is an associate professor at Ferdowsi University of…
Read MorePrinciples of Jurisprudential Operation (Usul ‘Amaliyyah) in Non-Islamic Legal Schools
Note: Hujjat al-Islam wal-Muslimeen Dr. Masoud Ra’i is one of the most prominent professors of international…
Read MoreCriminal principles of operation never conflict with new methods of crime discovery
Note: Although the principles of operation have been extensively discussed in the discipline of usul al-fiqh,…
Read MoreBibliography of “Judicial Practical Principles” (Usul-e ‘Amaliyyeh-ye Qaza’i)
Note: Among the books written on judicial jurisprudence and criminal and judicial law, a book exclusively dedicated…
Read MoreIstishab in Criminal Matters; Narrow, Exceptional, and in Favor of the Accused
Note: Hujjat al-islam wal-muslimeen Dr. Sayyid Baqir Muhammadi is a graduate of the Dars-e Kharij of…
Read MoreUnlike Shia jurisprudence, the application of procedural principles (uṣūl ʿamaliyyah) in Sunni jurisprudence is exceptional and rare.
Note: Hujjat al-Islam wal-Muslimeen Dr. Ali Sharifi, born in 1353 solar hijri (1974 CE) in Bamiyan,…
Read MoreIn Western Law, There Is No Such Concept as Practical Principles (Usul Amaliyyah)!
Note: Dr. Mahmoud Hekmatnia is one of the nation’s most long-standing and prominent jurists. A professor at…
Read MoreThe Use of Practical Principles and Apparent Rulings in Civil Law is Premised on the Doctrine of Human Eternal Life
Note: Hujjat al-Islam wal-Muslimeen Alireza Mohammadi has been a prominent figure in the Dars-e Kharij (Advanced Research Studies) of…
Read MoreSeveral Points Regarding “Conflict of Principle and Appearance”
Note: The conflict of Principle (Asl) and Appearance (Zahir), despite seemingly being a clear matter, has numerous…
Read MoreIndex of Articles on “Judicial Practical Principles”
Note: Practical Principles (Usul-e Amaliyyah) have long been the four principles of Exemption (Bara’ah), Precaution (Ihtiyat), Presumption…
Read MoreJudgement Seeks to Discover Reality; Therefore, Practical Principles Do Not Have Much Application in It!
Note: Judicial Practical Principles face numerous questions, one of the most important of which is how they…
Read MoreThe Status of Judicial Practical Principles in Sunni Jurisprudence
Note: Judicial Practical Principles are widely used in Shiite jurisprudence; but is it the same in Sunni…
Read MoreExcept in cases where the Lawgiver has ruled, the primary rule is the precedence of the Principle over the Appearance
Note: The conflict between the Appearance and the Principle, although identifiable throughout the science of jurisprudence, gains…
Read MoreComparison of Asalat al-Hazr and Asalat al-Ibahah with the Principle of Exemption and Precaution
Note: The Principle of Exemption (Asl-e Bara’ah) has many applications in the jurisprudence of adjudication (Fiqh-e Qaza).…
Read MoreNew Methods of Proving Crime Are Not Replacements for Penal Practical Principles
Note: Even if one cannot consider the most important application of practical principles to be in…
Read MoreThe Principle of Innocence Admits Exceptions
Note: For many years, in addition to teaching advanced courses in Islamic Jurisprudence (Fiqh) and Principles of…
Read MoreThe Principle of Innocence and the Principle of Non-Authority in Criminal Jurisprudence
Note: Hujjat al-Islam wal-Muslimeen Dr. Mohammad Hasan Movahedi Savoji, born in 1350 SH (1971–1972 CE) in…
Read MoreThe Principle of Bara’ah in Usul al-Fiqh Differs from the Principle of Bara’ah in Law
Note: Hujjat al-Islam wal-Muslimeen Seyyed Mortaza Taqavi, born in 1961 in Kohgiluyeh and Boyer-Ahmad, pursued seminary…
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