Judgment Mistake
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 96
Abstract
Judgment mistake has its own complexities for several reasons (difference of expediencies of the two legal/judicial systems, difference of precepts for judgment mistake in judiciary and penal discussions, divisions of various judgments and law in jurisprudence, law, etc.). Judgment mistake with such a nature entails numerous questions. Answering the question as to whether the judgment mistake is regarded as excuse or not? Does the principle “non-acceptance of the ignorance of law” conform to the judgment-legal mistake? And many other related questions are intended to be dealt with in this paper. With an interdisciplinary approach among three sciences of jurisprudence, principles of jurisprudence (uṣūl), and law and with reliance on analytical and demonstrative method, this research tries to present a different explanation of the judgment mistake. Proving mistake as being regarded an excuse, separation of the two rules of “non-acceptance of the ignorance of law” and “mistake as being regarded an excuse”, independence of judgment mistake in its effect, and several other conclusions are among the most important conclusions of this research.
Authors and Affiliations
RūHullā ĀKhundī
Keywords
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- EP ID EP184474
- DOI 10.22067/fiqh.v46i16.10589
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