Equity, the role and its impact on the the judicial system of Iran and Egypt

Author:
tahereh sadat naimi
Level:
Ph.D
Subject(s):
Fiqh religions
Language:
Farsi
Faculty:
Faculty of Islamic Denominations
Year:
2016
Publisher:
URD Press
Supervisor(s):
Seyyed Ali Rabbani Mousavian, Touba Shakeri Gulpaigani
Advisor(s):
Hassanali Ali Akbarian

Equity means paying full attention to the problem and prefer rational with the conscience and common sense, a way to achieve into justice. In special requirements it can be practice. Present research describes and analyzes the the judicial system countries of Iran and the Egyptian by way of comparative to answer this important question: the Equity what the impact of the of legislation, interpretation and implementation law in these systems? With more than 300 books and journals with basic concepts (Equity, justice, judgment, etc.) and vocabulary related to the research (jurisprudence, law, morals, expediency, E, etc.), Juristic and legal basics Equity (the nature of the legal rule of law, explaining Its related Factors, etc.) and the Equity impact of legislate, interpretation and implementation laws is analyzed. In the process of legislating, such as equitable defaults (legislative knowledge of the people, the conditions of and the rules of the of the language, customs and habits in the place, religious and economic situation morals, etc.) is necessary for Equity of the judicial system. Equity in legislation in cases such as legal the conscience inference of rulings intrusions, entry necessities imposed on performance, as deemed appropriate entry in the legislating system, considering spirit of shari’ah in law or spirit of the law in the rights, etc.) flow.  The most important effect Equity in legislation in some civil lawcommercial and criminal there. Equity in the interpretation of the laws of the two countries, the methods of literary interpretation, historical, logical and explorers of the utmost importance and converge and result-oriented interpretation would lead to fairly results. fairly defaults, such as: (mastered the science of jurisprudence for the interpretation of legal materials, interpreter commitment to ethics, compliance with common rules and principles of interpretation and logical …) there. The main use of Equity in the administration of the judicial system Qvaanyn Iran and the Egyptian are: mitigation of sentence, toughen sanctions, enforcement of law, to do about sanctions in addition to the, the judgment will de-the legislator, punish de. In the legislative process, interpretation and implementation agreed rules for the application of moral Equity and moral propositions constant the unit is required. Because otherwise everyone on the pretext of the implementation of internal fairness and satisfaction with the exercise of personal the conscience will judge fairly wide range.