نوع مقاله : مقاله علمی پژوهشی
دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه علوم قضائی و خدمات اداری تهران - ایران
عنوان مقاله [English]
The position of jurisprudence in Islamic teachings, since it is considered the rule over the soul, property and breadth of others, it principally belongs to God in essence, which it attributes to the Holy Prophet (PBUH) and the pure Imams (AS) and through these chosen ones, it has been devolved to their appointees. Therefore, special customs and practices have been legislated for judgeship in comparison with other government institutions. Observance of equality among the litigants is an issue that in this descriptive and analytical study based on the judicial thought of Imam Reza (AS) and along with other religious sources, leads to the inference of the principle of equality in judicial affairs. In the view of Imam Reza (AS) following the attribution of the hadith to him: “Make sure that you must act equally between the two opponents, even looking at the two opponents”, a deep meaning of the profession of equality of the judge between the parties to the dispute is needed, which named “the principle of judicial equality”. With the explanation that according to the application of this narration, the judge uses the necessity of establishing equality among the adversaries, the rejection of any kind of behavior, speech and dissenting thought, as well as the evenness and equalization among them. This principle as a profession, can make the equality rule over the material behavior of judges in etiquette-based dimension, and also rule their internal affairs in the moral dimension of this profession. The principle, the flow of which ensures the integrity of the litigation process, and its comprehensiveness includes various legal principles and rules based on the impartiality of the judge.