Assistant Professor, Institute of Islamic Culture and Thought
Abstract
The collection of objective conditions in the trial process is a criterion for a judge to evaluate whether or not it is fair. Accordingly, the process should minimize the possibility of partiality. Therefore, the parties must be on the same status and the judge must pay equal attention to them. And this state of affairs is of paramount importance in the Islamic religious texts and legal literature. But because of putting the necessity of this point under question and stipulating the possibility of discrimination between parties in the event of differences in religion, it has been overshadowed. Reviewing some religious texts and scholars words, this article is to prove the necessity of equality between parties at the hearing regardless of any titles from the perspective of holy legislator.
Mohammadi Jorgouyeh, &., & Kazemi Najafabadi, M. (2016). Study of the Principle of Equality of Two Parties of Proceeding before Judge according to Shi'i Fiqh. Islamic Law, 12(46), 33-60.
MLA
'Alī Mohammadi Jorgouyeh; Mohsen Kazemi Najafabadi. "Study of the Principle of Equality of Two Parties of Proceeding before Judge according to Shi'i Fiqh". Islamic Law, 12, 46, 2016, 33-60.
HARVARD
Mohammadi Jorgouyeh, &., Kazemi Najafabadi, M. (2016). 'Study of the Principle of Equality of Two Parties of Proceeding before Judge according to Shi'i Fiqh', Islamic Law, 12(46), pp. 33-60.
VANCOUVER
Mohammadi Jorgouyeh, &., Kazemi Najafabadi, M. Study of the Principle of Equality of Two Parties of Proceeding before Judge according to Shi'i Fiqh. Islamic Law, 2016; 12(46): 33-60.
