المبادئ الأساسية في القضاء الاسلامي

الملخص EN

There is no doubt that fulfilling justice and equity through the society is one of the essential Islamic desires so they instituted a bureau called court in the Islamic government.

Having rules and criteria which doing them bring about justice in trial and judicial system is one of equitable features of a judicial system and also because of inevitable role of trial system in assuring judicial justice, they emphasized too much on the fair judgment in Islamic religion and judgment considers as the responsibility of the innocent Imam (AS) and also the leader of Islamic government.

So how to fulfill justice in the trial system is one of the important subjects in judicial system.

This article tries to introduce the Islamic trial system by surveying the quadratic juridical sources as a fair and judicial system so it presents the fundamental principles of the Islamic trial analytically and descriptively.

These principles are such as justice and impartiality in trial, judge independence, the principles of abandoning prorogation of trial, invalidity of confession, testimony and oath in front of other than the judge and direct contact with the judge and determine a verdict according to the religion.