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:: Volume 10, Issue 35 (10-2023) ::
qjal 2023, 10(35): 61-85 Back to browse issues page
Examining the Role and Status of the Basis of Inferencing Islamic Law in the Judgements of the General Body of the Administrative Justice
Seyed mojtaba Hoseini almousavi *
Abstract:   (389 Views)
The judicial control of the Administrative Justice is realized by conforming the provision with the law. The correct interpretation of the law requires a coherent intellectual-scientific system that negates the possibility of any misapprehension. The general body of the Administrative Justice influenced by the standards of the principles of Islamic jurisprudence has explicitly or implicitly attempted to annul or confirm the provisions of the Executive. The wide application of the topics of principles of Islamic jurisprudence, ranged from words to practical principles, in the judgements of the Administrative Justice implies that this institution has focused on practical issues by avoiding the theoretical differences between the Osulis. The reasons for annulling or confirming the act which are known as the reasons for annulment in the legal literature are resulted from the issues of the principles of Islamic jurisprudence. Although the view of Administrative Justice on the standards of inferring the Islamic law is not immune to criticism, but more than three decades of experience of judicial control has left a fruitful practice and it implies that the standards of the principles of Islamic jurisprudence are effective in any issue.
 
Keywords: Administrative Justice, provision, principles of Islamic jurisprudence, reasons of annulment, judicial control
     
Type of Study: Research | Subject: Special
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hoseini almousavi S M. Examining the Role and Status of the Basis of Inferencing Islamic Law in the Judgements of the General Body of the Administrative Justice. qjal 2023; 10 (35) :61-85
URL: http://qjal.smtc.ac.ir/article-1-1188-en.html


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Volume 10, Issue 35 (10-2023) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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