1
Assistant Professor, Department of Criminal Law & Criminology, Faculty of Humanity, University of Judicial Science And Administrative Services, Tehran, Iran.
2
M.A, Department of Criminal Law & Criminology, Faculty of Humanity, Ale-Taha Institute of Higher Education, Tehran, Iran.
The application of jurisprudence in the legislative or judicial process, often in the legal system and notably in criminal law, faces a number of challenges, including the emergence of disagreement among jurists on some topics. In order to become legislation, jurisprudential fatwas must be methodical and consistent with other regulations. The purpose of this article is to deconstruct a few selected fatwas that have been used in legislative and judicial proceedings. For this purpose the quantifiable metrics of 1- Guardian jurists' (Vali-ye faqih) fatwas, 2- popular jurists' fatwas, 3- the final opinions of the Islamic Republic of Iran Guardian council's jurists, 4- the fatwas of the most highly educated jurists, and 5- the efficient fatwas that are most related to the interests were investigated. Finally, based on the aforementioned quantifiable metrics, a fatwa that is more efficient and has jurisprudential validity will be introduced. This article, in addition to demonstrating the founder of the Islamic Republic of Iran's jurisprudential thoughts and governance method, also illustrates the Iranian legal system's effective capacity, in order to ensure the observance of Islamic regulations and to contribute to the development of the Iranian legal system's performance.
Babaei,E. and Ghaffari,H. (2021). The Basis for Selecting Judicial Decree (Fatwa) in Legislation and Trials Relying on Imam Khomeini's Views. Comparative Criminal Jurisprudence, 1(2), 1-12. doi: 10.22034/jccj.2021.148193
MLA
Babaei,E. , and Ghaffari,H. . "The Basis for Selecting Judicial Decree (Fatwa) in Legislation and Trials Relying on Imam Khomeini's Views", Comparative Criminal Jurisprudence, 1, 2, 2021, 1-12. doi: 10.22034/jccj.2021.148193
HARVARD
Babaei E., Ghaffari H. (2021). 'The Basis for Selecting Judicial Decree (Fatwa) in Legislation and Trials Relying on Imam Khomeini's Views', Comparative Criminal Jurisprudence, 1(2), pp. 1-12. doi: 10.22034/jccj.2021.148193
CHICAGO
E. Babaei and H. Ghaffari, "The Basis for Selecting Judicial Decree (Fatwa) in Legislation and Trials Relying on Imam Khomeini's Views," Comparative Criminal Jurisprudence, 1 2 (2021): 1-12, doi: 10.22034/jccj.2021.148193
VANCOUVER
Babaei E., Ghaffari H. The Basis for Selecting Judicial Decree (Fatwa) in Legislation and Trials Relying on Imam Khomeini's Views. JCCJ, 2021; 1(2): 1-12. doi: 10.22034/jccj.2021.148193