ABSTRACT

One of the important rules in the Islamic judicial system is the rule of "prohibition of indoctrination of reason", which is known in law as the similar title of "prohibition of procuring reason". It is that the judge teaches one of the parties to the dispute a reason or guides him in how to cite the reason in order to overcome the other party; Like instilling denial to someone who intends to confess or instilling repudiation to someone who intends to swear. Although this rule has been considered in general in legal research, but this article seeks to analyze the principles, exceptions and guarantees of the implementation of this rule in the litigation process, which has been neglected so far. The findings of this study show that it is not permissible to induce evidence to one of the litigants and in addition, it has a guarantee of execution. However, this rule has not remained in force at all, some cases have been excluded from it. Now, the main questions of the research are what are the principles of indoctrination of reason? What are its exceptions? And what is the executive guarantee in Islamic proceedings?

Keywords: Indoctrination of reason, procuring of reason, prohibition of indoctrination of reason, impartiality of the judge, Islamic proceedings.