University of Tabriz Jurisprudence and Islamic Law 28210891 3 4 2012 01 21 Court Decision: Right or Duty? Court Decision: Right or Duty? 155 172 2088 FA Esmaeil Rahiminejad Assistant Professor, University of Tabriz Journal Article 2011 01 12 One of the main problems in Iranian legislative criminal policy is the "conflict of laws with the scientific foundations of the legal institutions and their objectives", one of whose clear manifestations is the right of making decision provided for courts in many statutes. This article analyses this problem and concludes, by examining the theoretical foundations of some legal institutions and their aims, that this problem mainly arises from "lack of attention on the side of the legislature to these bases and objectives" and from the idea of "islamization of laws", and that the legal nature of the court decision is duty not right. Therefore, providing the right of making decision for courts in laws is not only contrary to the legal nature of the court decision but also congruent with the philosophical foundations of the legal institutions and their objectives. One of the main problems in Iranian legislative criminal policy is the "conflict of laws with the scientific foundations of the legal institutions and their objectives", one of whose clear manifestations is the right of making decision provided for courts in many statutes. This article analyses this problem and concludes, by examining the theoretical foundations of some legal institutions and their aims, that this problem mainly arises from "lack of attention on the side of the legislature to these bases and objectives" and from the idea of "islamization of laws", and that the legal nature of the court decision is duty not right. Therefore, providing the right of making decision for courts in laws is not only contrary to the legal nature of the court decision but also congruent with the philosophical foundations of the legal institutions and their objectives. https://law.tabrizu.ac.ir/article_2088_50e92b565cbc95291c4faec84980403d.pdf