According to Article 3 of the law of civil procedure, judges are responsible to issue claims according to Islamic reliable sources, Fatwas, and legal principles when there is lack of law or ambiguity of law. Executive domains of Islamic reliable sources and Fatwas are written; therefore, they are distinguished while executive domains of legal principles are not written and they are not distinguished. But the relationship between legal principles and Islamic reliable sources are not distinguished. It is not known whether legal principles are prior to Islamic reliable sources of or not. The priority of legal principles to authoritative Islamic sources and Fatwa cannot be inferred from Article 3. Therefore judges should be free in issuing claims according to legal principles of rules or their interpretation of it. Hence, the legal principles are standards for interpretation of rules when there is ambiguity in law or as an alternative to law and as the basis for issuing claims. If the relationship between the executive territory of legal principles with Islamic reliable sources and Fatwas are clear, their distinction and performance will be better in courts.
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Jghatayee, A., Nassiran, D., & Abbassian, R. (2019). The Executive Territory of Legal Principles and their Relationship with Islamic Reliable Sources and Fatwa. Jurisprudence and Islamic Law, 10(18), 279-303. doi: 10.22034/law.2019.9678
MLA
Abbas Jghatayee; Davoud Nassiran; Reza Abbassian. "The Executive Territory of Legal Principles and their Relationship with Islamic Reliable Sources and Fatwa". Jurisprudence and Islamic Law, 10, 18, 2019, 279-303. doi: 10.22034/law.2019.9678
HARVARD
Jghatayee, A., Nassiran, D., Abbassian, R. (2019). 'The Executive Territory of Legal Principles and their Relationship with Islamic Reliable Sources and Fatwa', Jurisprudence and Islamic Law, 10(18), pp. 279-303. doi: 10.22034/law.2019.9678
VANCOUVER
Jghatayee, A., Nassiran, D., Abbassian, R. The Executive Territory of Legal Principles and their Relationship with Islamic Reliable Sources and Fatwa. Jurisprudence and Islamic Law, 2019; 10(18): 279-303. doi: 10.22034/law.2019.9678