Social needs and judicial society (examination of disputes based on the needs of society with emphasis on the opinions of famous jurists and Ayatollah Mousavi Ardabili)

Document Type : Original Article

Authors

1 PhD student of Fiqh and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran

2 Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Ferdowsi University, Mashhad, Iran

3 Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran

Abstract

Among the cases where Ayatollah Mousavi Ardabili's attention to the requirements and limitations of the society can be observed, it is possible to mention the position of Fass in cases of disagreement between the parties. If there is a dispute between the two sides of the lawsuit, one of the solutions that Ayatollah Mousavi Ardabili always emphasizes is to investigate the dimensions of the case by the judicial system. In today's era, there are many disputes between people that go to the court to solve it. Here, the need to check and search through a tool called experts of the judiciary, lawyers, prosecutors, investigators, judicial officers, etc. is possible. and the judge can refer each case to the appropriate person according to the investigation and search, so that the density of cases is reduced, and as a result, both the work of the judge is reduced and the people are more satisfied with the quick process of judicial decisions. Therefore, examining and searching for the dimensions of the cases, which have always been emphasized by Ayatollah Mousavi Ardabili, can be used as a solution for the quick resolution of judicial cases in the present time.

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