Document Type : Original Article

Author

• mohammad hosein nadery

PhD student in the Faculty of Islamic Studies and Law, Imam Sadegh University, Tehran, Iran.

Abstract

Judicial decision-making is one of the most important and obvious situations in which the effect of conflicting opinions of different schools of law can be clearly seen. Judges on whether laws should be applied "mechanically" as much as possible. They disagree. What role moral arguments should play in judicial decisions, what is the meaning of applying moral considerations, and what moral sources can be used; There are different views. The discussion of the relationship between law and ethics and the intervention of ethical considerations in the issuance of judicial rulings is one of the ancient issues of "philosophy of law" and is a challenging and old debate and encompasses a wide range of views. It leads to the maximum overlap of law and ethics, on the basis of which different philosophical schools emerge.
In the present article, which is a descriptive-analytical research based on the documentary method, an attempt has been made to examine different views in different legal schools and in the Islamic judicial system in terms of the degree of interference of ethical considerations in issuing judicial opinions. To what extent do they allow the entry of moral norms into the opinions of judges?

Keywords

• Schools of legal thought
• Ethical Considerations
• judicial process
• Islamic Judicial System
• Philosophy of Law