Jurisprudential study of electronic proceedings and its pathology

Document Type : Original Article

Authors

1 Professor of Islamic Jurisprudence and Law, Shahid Motahari University, Tehran, Iran

2 PhD Student in Private Jurisprudence and Law, Shahid Motahari University, Tehran, Iran

Abstract

Review:
Today, due to the rapid growth of technology and the benefits of using it, most advanced societies have resorted to the use of e-litigation in their judiciary; our country is no exception, especially after the outbreak of coronavirus to maintain health and other rights of the people The litigation has become more prominent than before in e-litigation. That it is a new thing and has no history in the past, so it faces jurisprudential challenges, because the Islamic trial in our judicial system has its own rules and in the era of legislation, such a trial was not common.Some jurists have not accepted remote testimony and even written testimony, whether electronic or otherwise, others have issued a fatwa on the need to confess to a judge, given that the UAE also plays an important role in court proceedings and very little in electronic proceedings. Therefore, these matters face serious challenges in e-jurisprudence from a jurisprudential point of view.Due to the relatively high tendency in our country to use e-litigation, in this article we examine the legal jurisprudential challenges facing this type of litigation in our judicial system.

Keywords


- Akhund Khorasani, Mohammad Kazem (unpublished), Kefaya al-Osul, vol. 1, Qom: Al-Bayt Foundation for the Revival of Heritage.
- Ibn Idris Helli, Muhammad ibn Idris (1410 AH), Al-Sarair Al-Hawi for writing Fatwas, vol. 2, p. 2, Qom: Islamic Publishing Institute.
- Ardabili (Holy), Ahmad Ibn Muhammad (pbuh), Al-Faida and Al-Burhan Complex in the Explanation of the Guidance of Minds, vol. 9, Qom: Islamic Publishing Institute.
- Ansari (Sheikh), Morteza Ibn Mohammad Amin (1415 AH), Al-Ghaza va Al-shahadat, vol. 1, Qom: World Congress in honor of Sheikh Azam Ansari.
- Tabrizi, Mirza Javad (unpublished), Osas Al-ghaza va Al-shahadat, Vol. 1, Qom: Author's office.
- Jafari Langroudi, Mohammad Jafar (2008), Legal Terminology, Ch 19, Tehran: Ganj-e-Danesh Library.
- Hosseinzadeh Aliaei, Zahra; Ahmad Ahmadi (2015), Electronic Trial in Iranian Law, Principles, Objectives and Features, Private and Criminal Law Research, 35, 117-136.
Helli (researcher), Ja'far ibn Hassan ‌ (1408 AH), Sharaye Al-eslam Fi Masael Al-halal Va Al-haram, vol. 3, ch. 2, Qom: Ismaili Institute.
Hayati, Ali Abbas (2013), Civil Procedure in the Current Legal Order, Ch 3, Tehran: Volume.
- Khomeini (Imam), Seyyed Ruhollah ‌ (unpublished), Tahrir al-Waseela, vol. 2, Tehran: Institute for Organizing and Publishing the Works of Imam Khomeini (RA).
Khoei, Sayyid Abu al-Qasim (unpublished), Al-Ghaza Va A--Shahadat, vol.
- Agriculture, Abbas (2009), Evidence of litigation, Kashan: Law-oriented.
Zarkalam, Sattar (2012), Electronic Trials, Necessities, Requirements and Challenges, Doctrines of Criminal Law, 3, 129-150.
Sabzevari, Sayyid Abdul Ali (1413 AH), Mohazab Al-Ahkam Fe Bayan Al-halal Va Al-haram, vol. 27, Qom: Al-Manar.
- Sadr, Seyyed Reza (unpublished), Ijtihad and Imitation, Qom: Islamic Publishing Institute.
- Qomi (Mirzai Qomi), Abu al-Qasim (unpublished), Jame al-Shettat in the answer to the questions, vol. 4, unpublished, unpublished.
- Katozian, Nasser (2011), Proof and Reason for Proof, Vol. 1, Ch. 7, Tehran: Volume.
- Kashif al-Ghatta ', Sheikh Mohammad Hussein (unpublished), Tahrir al-Majla, vol. 4, Qom: Imam al-Sadiq (as) Institute.
- Karimi, Abbas (1396), Evidence of litigation, Ch 6, Tehran: Mizan.
Mohaghegh Damad, Seyed Mostafa (2011), Rules of Jurisprudence (Judicial Department), Ch 5, Tehran: Islamic Sciences Publishing Center.
- Madani, Seyed Jalaluddin (2006), Evidence of Proof of Lawsuit, Ch 9, Tehran: Paydar.
- Muzaffar, Mohammad Reza (1370), Principles of Jurisprudence, vol. 1, ch. 4, Qom: Islamic Propaganda Office.
- Mughniyeh, Mohammad Javad (1425 AH), Fiqh Al-Emam Ja'far al-Sadiq (AS), vol. 5, p.
- Mufid (Sheikh), Muhammad ibn Muhammad ibn Numan (1413 AH), Al-Ershad Fe Marefa Hojaj Allah Ala al-Ibad, vol. 1, Qom: Sheikh Mufid Congress.
- Makarem Shirazi, Nasser (1399), Electronic and absentee testimony. Website at: https://makarem.ir/main.aspx?typeinfo=21&lid=0&catid=598&mid=266147
- Makarem Shirazi, Nasser (1399), Invalidity of written testimony. Website at: https://makarem.ir/main.aspx?typeinfo=21&lid=0&catid=598&mid=265784
- Mehrafshan, Alireza (2011), Virtual Trial, a New Concept in Judicial Justice, Islamic Jurisprudence and Law, 5, 119-146.
- Najafi (Sahib Jawahir), Mohammad Hassan (1362), Jawahir al-Kalam fi Sharh Sharia al-Islam, vol. 35, p.
- Hashemi Shahroudi, Seyed Mahmoud (1399), the presence of a witness before a judge. Website at: https://www.hashemishahroudi.org/fa/questions/349