نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In Imami jurisprudence, adjudication is a high office delegated by God to the Prophet (peace be upon him and his family) and the Infallible Imams (peace be upon them). The philosophy of adjudication is to resolve disputes and prevent disruption in the livelihood of the people, especially when a ruling is issued to the detriment of a third party who—neither they nor their legal representative—was present in court, and who then objects to the issued ruling to claim their rights. This objection is based on a series of significant jurisprudential foundations, the purpose of this research being to identify these foundations, their scope, and their limits. The present research has been conducted using a descriptive-analytical method and library resources. Therefore, after extensive research and examination, we have concluded that a third party, based on a series of important jurisprudential rules—such as the Rule of La Darar (No-Harm), the Rule of Saltana(Authority/Dominion), al-Gha'ib 'ala Hujjatihi(The absent [party] remains [entitled] to their proof), and the Rule of Daf' al-Darar al-Muhtamal (Repelling Probable Harm)—can object to the issued ruling and proceed to assert their rights.
کلیدواژهها English