International jurisdiction of Islamic state's public courts; (An Introduction to the comparative study of conflict of laws in positive law, Islamic law and jurisprudence)

Document Type : Research Paper

Author

Assistant Professor, Faculty of law, Pazhuheshgah Hawzeh va Daneshgah

Abstract

In international private law, the issue of international jurisdiction of domestic courts is considered as a prerequisite for designing a system for the resolution of conflicts in rules. The problem then arises when at least one of the parties was foreigner or subject of the legal claim may be associated with a foreign state. Has Islamic public court the jurisdiction and duty for proceeding lawsuits concerning legal relationships between the citizens of an Islamic state and foreigners or the legal relationships among citizens of an Islamic state themselves which are formed in the land of disbelievers or in some respects related to it? This paper has attempted to response this question by stating the problem and finding its answer in customary law first and then, with an analytical, jurisprudential and legal approach explained different forms and various assumptions of the problem. It concluded that in most cases related to international private law, the public courts of Islamic states has the right and jurisdiction for proceeding these types of legal claims and therefore, the above mentioned prerequisite exists in Islamic law and jurisprudence for designing a system for the resolution of conflicts in rules.
 

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 47, Issue 1 - Serial Number 1
Spring & Summer
April 2014
Pages 119-143

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