M.A. Thesis:

A comparative study of jurisprudence and legal error of the judge in Iran and some other Muslim countries

Ironically in Islamic law sublime status and as a career to look at it is not, but a judge as trustee and executor of justice know that criterion and behavior vice to virtue and good mood is the goal of judgment and justice, and justice is . In terms of a judge, like other human beings, fallible and sometimes defects in laws or legal system and the multiplicity of authorities, research and the abundance of work also contributes to the problem and may the judge in making judicial decisions makes a mistake or being under the influence of others or desires sensual. In Iran's law, following the Imamiyah jurisprudence, in accordance with Article 171 of the constitution, the prosecution is liable for the material and spiritual loss of the lost person in cases where the judge has committed the fault. If the general rules of civil liability apply to judges' decisions, given the seriousness of the job, the judge will face a large number of claims, and he will always have to defend himself, instead of hearing them. Due to the importance of this position both in Islamic law and in Iran's constitution, there is a difference between the judge's mistake and fault. If we see that in cases of mistakes, the judge does not have civil responsibility and the state is responsible for the compensation for the wrong decision of the judge. However, in cases of fault, the judge is personally responsible..

Keywords: Judgment, Judge's mistake, Justice, Damage