Note: Practical Principles (Usul-e Amaliyyah) have long been the four principles of Exemption (Bara’ah), Precaution (Ihtiyat), Presumption of Continuity (Istishab), and Choice (Takhyir), which have been discussed in the science of Principles (Usul) and used in various jurisprudential chapters. The application of these principles in Judicial Jurisprudence (Fiqh-e Qaza’i) not only alters their number and adds other principles to them, but also finds unique characteristics in conflicts with other evidences such as Appearance (Zahir) or the Ruler’s Judgment (Hukm-e Hakim). In this writing, an attempt has been made to compile an index of articles dealing with the application of Practical Principles in judicial matters. This index is presented to you in two sections: jurisprudential articles and legal articles; with the explanation that articles possessing both jurisprudential and legal aspects have been counted among jurisprudential articles.
A) Jurisprudential
Conflict of Appearance and Principle (Ta’aruz-e Zahir va Asl);
Abbas Zeraat, Journal of Faculty of Humanities, Semnan University, Summer 2006, No. 14.
Examination of the Presumption of Non-Existence (Istishab-e Adam) in Jurisprudence and Law;
Einollah Soltani, Journal of Jurisprudence and Fundamentals of Islamic Law, Spring 2014, No. 1.
Type Four Universal Presumption of Continuity (Istishab-e Kulli) and Its Jurisprudential and Legal Manifestations;
Mohammad Rasoul Ahangaran et al., Journal of Jurisprudential and Usuli Inquiries, Summer 2022, No. 27.
Precedence or Posteriority of the (Evidences of) Presumption of Continuity over the Rule of Aversion (Qa’idah al-Dar’);
Hamidreza Zangiabadi and Ahmad Haji Dehabadi, Journal of Islamic Law Research, Autumn and Winter 2020, No. 52.
Jurisprudential and Legal Examination of the Principle of Precaution (Ihtiyat) or Engagement (Ishtighal);
Mansour Atashneh and Behnam Asadi, Journal of Legal Research of Ghanoon Yar, Autumn 2018, No. 3.
Analysis of Evidences for Proving Claims Considering the Status of the Judge’s Knowledge; A Case Study of the Conflict of Appearances (Zawahir) and Practical Principles;
Seyyed Mostafa Mohaghegh Damad and Mohammad Amin Keykhay Farzaneh, Journal of Legal-Judicial Research, Autumn 2018, No. 3.
The Place of “Practical Principles and Faqih-based Legitimacy” in Governance and Public Law Doctrines;
Mohammad Ali Ziaee and Mohsen Ghaemi, Journal of Public Law Knowledge, Spring 2023, No. 1.
Jurisprudential and Legal Examination of the Principle of Exemption (Bara’ah) in Iran;
Mehran Jafari and Masoud Ansari, Third National Conference on Law and Judicial Studies, 2017.
The Flow of the Principle of Exemption in the Ruler’s Conduct;
Ali Salehi Manesh, Journal of System Jurisprudence (Fiqh-e Nezam), Spring and Summer 2022, No. 3.
B) Legal
Crystallization of the Status of Practical Principles in Judicial Verdicts Issued by Civil Courts;
Akhtar Soltani and Marzieh Maleki, Journal of Law Studies, Winter 2022, No. 22.
Application of the Principle of Presumption of Continuity (Istishab) in Proving the Objective Matter of Criminal Conduct for Criminal and Civil Liability;
Hamidreza Zangiabadi and Ahmad Haji Dehabadi, Journal of Usuli Research, Winter 2021, No. 25.
Critique and Examination of Existential and Non-Existential Presumption of Continuity with an Approach to Civil Law and Civil Procedure;
Negar Rassam, First Conference on Law, International Law, Political Science and Humanities, 2021.
Principles and Conditions of the Principle of Presumption of Continuity and Its Conflict in Iranian Laws;
Yahya Tanahkar, Sirus Payfoshordeh, Mashallah Rezaee, Amir Reza Khadish, Third International Conference on Jurisprudence and Law, Advocacy and Social Sciences, 2018.
Application of Presumption of Continuity in Iranian Civil Laws;
Hamid Abhari, Ali Akbar Izadifard, Hossein Ghazi, Journal of Islamic Jurisprudence and Law, Spring and Summer 2012, No. 4.
Examination of Physician’s Faults and Exemption in Iranian Jurisprudence and Criminal Law;
Payam Bastami, Ali Chahkandi Nejad, Journal of Law Studies, Autumn 2022, No. 30.
Claiming Moral Damages and Loss of Profit (Adam-e al-Naf’) by the Patient in Case of Obtaining Physician’s Exemption;
Maryam Ashrafzadeh Farsangi, Journal of Ghanoon Yar, Spring 2018, No. 5.
The Concept of “Precautionary Principle” and Its Place in Civil Liability;
Ali Abbas Hayati, Islamic Law Research Journal, Autumn and Winter 2015, No. 40.
Obstacles to Implementing the Precautionary Principle in Protecting the Caspian Sea Environment;
Fereshteh Banafi et al., Journal of Legal Research, Summer 2022, No. 98.
State’s Level of Protection; A Place for the Precautionary Principle in the World Trade Organization Legal System?
Asma Salari and Abbasali Kadkhodaei, Journal of Comparative Law Research, Spring 2020, No. 1.
Impact of the Precautionary Principle in Resolving Cross-Sectoral Conflicts of Trade-Environment on the Integrity of International Law;
Janet Elizabeth Blake and Fatemeh Rezaee Pour, Journal of Public Law Studies, Winter 2020, No. 4.
Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability;
Zahra Asadi and Mohsen Izanloo, Journal of Comparative Law Studies, Autumn and Winter 2020, No. 2.
Environmental Precautionary Principle in Light of the Biosafety Law;
Janet Elizabeth Blake and Komeil Sadeghi, Journal of Bioethics, Summer 2019, No. 32.
Precaution in International Law: Customary Principle or General Principle of Law?
Asma Salari and Abbasali Kadkhodaei, Journal of Public Law Research, Summer 2018, No. 59.
Precaution; A Customary Principle in the European Union?
Asma Salari and Abbasali Kadkhodaei, Journal of Public Law Studies, Autumn 2017, No. 3.
Precautionary Principle in Agricultural Science and Environmental Law;
Alireza Mohammadzadeh Vadaghani, Journal of Private Law Studies, Autumn 2015, No. 3.