From recognizing the

Kooshki, Gholam Hassan; Musavi Azadeh, Reza

doi:10.30497/law.2018.2306

From recognizing the "prohibition of quest" as a juridical rule to reflection of its effects in the criminal justice system of Iran

Document Type : Research Article

Authors

Assistant Professor in Department of Criminal Law and Criminology, Faculty of Law & Political Sciences, Allameh Tabatabaʼi University, Tehran, Iran

10.30497/law.2018.2306

Abstract

prohibition of quest and in addition, there are various narration about the prohibition of quest in the privacy of others quoted from saints which indicates importance of the issue for them.
Prohibition of quest in absolute form is not accepted by saints and scope and limit of this sanction incudes only secrets, defects and personal and family slips which are not related to the public interests; but issues which depend on the public goodwill and preserving Muslim systems, are out of prohibition of quest.
Despite abundant discussion and narrations about the prohibition and exceptions of quest an important issue of prohibition of quest as a juridical rule is neglected in the juridical literature and sources. While discussion about the extension of conditions and criteria of juridical rule about the prohibition of quest is possible and importance, scope and effects of prohibition of quest provides ground for prohibition of quest.
Recognizing prohibition of quest as a juridical rule can have important effects in the social and legal dimensions.
Therefore, in this paper, we want to clarify two important issues: one is studying prohibition of quest as a juridical rule and the other is studying effects and endeavor of legislator to these Islamic rules in criminal procedure system Therefore, in the present paper, with the analytical and descriptive method, the ability to convert the transposition of the transposition as to jurisprudence rules. On the other hand, its effects and consequences in Iran's criminal justice system are considered.

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