Research Article | Open Access
A comparative study of reasons for award in Islamic jurisprudence, the laws of Iran, Afghanistan, Egypt and Iraq
Dr. Saleh Yamerli, Jamaluddin Rashidi
Pages: 458-470
Abstract
Reasons for award is one of the basic cases in the civil justice system. Reasons for award are the statement of the legal and factual reasons on which the court makes the judgment. This research has been conducted with the aim of comparative analysis of reasons for award in Islamic jurisprudence and the law of Iran, Afghanistan, Egypt and Iraq.
According to the comparative study that was conducted and found in Islamic jurisprudence and the laws of Iran, Afghanistan, Egypt and Iraq, the judge is obliged to mention reasons for award. And according to jurisprudence, it is obligatory for the judge to state the direction of the judgment. The duty of the judge to mention reasons for award did not exist from the beginning of the societies until the 19th century, but from the 19th century, the laws of the countries obliged the judges to state direction of the judgment. The nature of the obligation to mention direction of the judgment is accepted as a general rule in the school of natural law, and even if the requirement of the judges is not specified in the law, the judges are obliged to mention the documents and reasons for award. However, in the voluntary and statutory school of law, the task of the judges to mention reasons for award is considered formal and the judges are obliged to state reasons for award when the law obliges them to do so. In Islamic jurisprudence, the law of Afghanistan, Iraq, Egypt and Iran, the effect of not mentioning reasons for award is considered null and void, and it has been introduced as a violation of the appeal. This research has been done with descriptive, analytical, comparative and library methods.
Keywords
reasons for award, reasonable, violation, annulment of the verdict