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MEHDI MEHDIZADEH

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Hashemian, Seyyed Mansoor
MEHDIZADEH, MEHDI
Koosha, Saeid
Sarafrz Ardakani, Habib
Mlahdi Panah, Massod
Hazrati, Abolfazl
Korani, Mohammad
Tavakoli, Reza
Hooshyar, Morteza
jabbari, jalil
Maick Afzaly, Mojtaba
Moosavinia, Hamed
MASSAH, HOSSEIN
Toghraneghar, Hassan
Dabiri, Mohammad Sadegh

Thesis Code:

L. 153

Author (s):

MEHDI MEHDIZADEH

Title:

ORGANIZATION OF THE JUDICIARY IN EARLY ISLAM

Supervisor (s):

DR.A.PAKATCHI

Advisor (s):

DR.M.ASHOORI & Dr .j.KOUSHA

Thesis:

M.A. Law

Date of Print:

Summer 1999

University:

IMAM SADIQ (AS)

College:

 Islamic Studies and Law

Abstract:

In the sphere of justice, Procedural law is the prime guarantor of human rights and the most eminent factor ensuring realization of social justice.

Efficient proceedings cannot be achieves without an efficient judicial organization. This fact together with the social concern for religion in Islamic societies, as well as the intention to throw light on a corner of the history of Islamic law, directed the author to study and examine the organization of the judiciary in the all improtant and influential period of Islam's prophet (P.H), the three kaliphs and Imam Ali's administrations. The method adepted for research has mainly been the historical method, based on retrospection holding a contemporary view of past events. While avoiding imposition of modern views on the past, hence, throgh the selection of the four principal columns of the judiciary in contemporary systems modern i.e.,the courts, law officers,..., and supervisory institutions, and by researching the first hand historieal sources, narratives and judicial... authorities. Selected topics which have received particular treatment in the dissertation include: methods of dispute sett lement (arbitration and judicial settlement), jurisdiction in proceedings, methods of appointing iudges and law officers, role of the public in proceedings, different types of contribution to iudicial activities at the period under study, supervision over law offices and judges, and the course of development of the above topics. In conclusion, the following hypothesis has been demonstrated to obtain:

"Organization of the Judiciary in the early years of Islam, has been improved and developed, under the dictates of necessities and around the central idea of the right and justice."

The present dissertation, introduces the application of the historical method in inference of rules, as a method demanding more attention.

Organization of the Judiciary, iudicial settlement, arbitration, amicus curiae, supervision.

Key Words

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