Jurisprudential Review of the Verdict of Appeal in the Decree of Judge
Retrial or appeal, which is considered in jurisprudence as a violation of the ruler's judgment, is one of the prevalent issues in which the jurists' view is contrary to what the current trend of the courts is; This is because violating the verdict in jurisprudence is not permissible, while appealing is a common practice in the courts. The present study investigates this challenge through a critical analytical method using library documents. Examination of the evidence shows that the judgments of ordinary courts are revisable; However, the judicial verdicts of the Supreme Court as well as the Revolution Courts can be revised only if it is proved to the next Mujtahid judge that the previous judge has not had the necessary Ijtihad and competence, or neglected or violated his Ijtihad and ruling, or he has not judged according to the standards of authentic Imami Ijtihad, and his verdict could be violated.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.