Judgment is the most significant pillar of justice. Therefore, in the Islamic judicial system, several strategies are considered such as the condition of Ijtihad and justice in the judge, and problematic state of affairs in intuition to prove a crime, the necessity to satisfy the judge's need from Bayt al-mal, compensation for damages caused by a judge's error. In other legal systems, mechanisms such as predicting the jury in the courts dealing with the press and political crimes, disciplinary courts of judges and two-step criminal investigation have been proposed. Council judgment is another example of closer proceedings to justice. Investigation of the subject matter of the council's judgment is the initial part of the paper and the review of its verdict is the leading part. "Lack of reason", "being a source of disagreement", "becoming a kind of Velayat (Guardianship of the Islamic Jurist,) based judgment, "independence of the judge", "cancellation of the narrations of the judge" and "single judgment as an effect of one judge" are reasons for banning the council judgment. Observing these reasons, this research shows that they do not imply a ban on council judgment; there are also several reasons for the legitimacy and validity of council judgment such as "no condition for the unity of the judge in the evidence of judgment", " accuracy of the council judgment", "compatibility with the philosophy of judgment", "compliance with caution" and "the conduct of the wise". It is even possible to gain the superiority of council judgment over individual judgment in dealing with some crimes
Varei, S. J. (2021). Jurisprudential study of council judgment. Jurisprudence and Islamic Law, 12(24), 171-192. doi: 10.22034/law.2021.33395.2295
MLA
Seyed Javad Varei. "Jurisprudential study of council judgment". Jurisprudence and Islamic Law, 12, 24, 2021, 171-192. doi: 10.22034/law.2021.33395.2295
HARVARD
Varei, S. J. (2021). 'Jurisprudential study of council judgment', Jurisprudence and Islamic Law, 12(24), pp. 171-192. doi: 10.22034/law.2021.33395.2295
VANCOUVER
Varei, S. J. Jurisprudential study of council judgment. Jurisprudence and Islamic Law, 2021; 12(24): 171-192. doi: 10.22034/law.2021.33395.2295