The status of special judicial courts in the Islamic judicial system

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Document Type : Original Article

Authors

1 Jurisprudence and Criminal Law, Islamic Jurisprudence and Fundamentals, Shahid Motahari University, Tehran, Iran.

2 Jurisprudence and Criminal Law, Islamic Jurisprudence and Fundamentals, Shahid Motahari University, Tehran, Iran

3 law and Jurisprudence group,Faculty of theology, Shahid Motahary university, Tehran, Iran

Abstract

In many legal systems of the world, special judicial courts are an integral part of that country's judicial system, which has its serious opponents and supporters. In the Islamic Republic of Iran, a special military court is provided for in Article 172 of the Constitution, special courts for revolution and children are provided for in Article 294 of the Islamic Penal Code, and a special court for clergy is provided by the order of the leadership. Considering that the laws of the Islamic Republic of Iran must be according to the standards of the Islamic holy Sharia, this question is raised whether the formation of special courts in the process of Islamic proceedings has been considered (whether approved or prohibited) in Islamic sources? And if the sources do not refer to such courts, does its formation conflict with the basic principles of Islamic proceedings or not? The present article, while examining various contemporary and advanced historical and jurisprudential sources, proves that basically there was no effect and sign of special courts during the rule of the Prophet of Islam and Imams, and it was not paid attention to in the books of Shia jurists, but the formation of such courts with good reasons And observing the special and strict conditions in order to protect the rights of the victim and the criminal does not conflict with the important principles of Islamic judgment.

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