تجديد نظر احكام در فقه اماميه و قوانين موضوعه

Appeal to Criminal Decrees in Imamin School of Law & in the Provisions

After the victory of the Islamic Revolution, islamization of the all bases of the Islamic system was a prevalent thought which was revealed as a cornerstone of the society. Accordingly, establishment of the Islamic Judicial, system., based on Islamic justice which consists of judges who are both just and knowledgeable with respect, to all Islamic provisions, which has been provided, as a main object in Iranian constitutional law. Consequently, the first legislation of the newly established Islamic system, i.e, the Islamic Revolution council made very important changes in both substantive and formal laws. This trend has been continued by the Islamic parliament after being established. Unfortunately the changes with respect to formal provisions of law particularly on the ground of principals of the criminal procedure and judicial review of the courtʹs decisions have been so deep and imprecise as the legislator who has to pass a new law with completely different and opposite contents, very soon after any change the situation has been continued up to now and still the legislator does not follow any specific and stable principle with regard to the foregoing changes. Sometimes the law passed by the parliament considers judicial review of a. courtʹs decision against the unlawful while later on the parliament may change the law so a.s it legalize such a review of the a foregoing decision in a. way that one may think it is improbably of a. court to pronounce a binding verdict. Accordingly, it is necessary to clarify whether these changes are in accordance with common law and whether in which circumstances a courtʹs decision may be quashed.. On this bases, firstly article tries to distinguish between the judges under the common law and those who work in the minify of justice and second to discuss the issue of the review or\and quashing of a judgeʹs decision under the Imamian school of law to find. out clear and. basic principals of this school concerning the aforesaid issues. Finally, the article will compare these principals with the provisions of the law at current status to indicate that any change concerning of criminal proccedure after Islamic Revolution wasʹ based on misunderstanding of the principals of the Imamian school of law. Passing various legislations by the parliament is a clear evidence in this respect and Islamic jurisprudence not only agrees with the review of unlawfull decsitiom of a. court but also agrees with other principals on this basis.