Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 7 2 2021 08 23 Admissibility of Lawsuit with an Indefinite Petition Admissibility of Lawsuit with an Indefinite Petition 173 194 68062 10.22034/jrj.2020.54608.1715 FA Hamid Moazzeni PhD in Jurisprudence and Principle of Islamic Law at Zahedan University; Zahedan- Iran Mohammadreza Kaykha Assistant Professor in Department of Principle of Islamic Law at Zahedan University, Zahedan- Iran;(Corresponding Author); kaykha@hamoon.usb.ac.ir 0000-0003-3434-287x Journal Article 2019 06 15 Abstract According to the view of the renowned majority of the jurists and based on paragraph 9 of Article 84 Code of Judicial Procedure, the inadmissibility of a lawsuit is one of the objections and obstacles to handling the petition. So according to this law, the person’s right will violate just with his doubt about the petition in many cases and assumptions, while this is contrary to constitution law No. 34. The present study, using a descriptive-analytical method, shows that the mentioned condition is not clearly stated in any specific evidence, but on the contrary, the inclusiveness of Quran’s verses, specific narrations, proofs and, the principle of not imposing condition indicate that it is not a condition. It seems that this legal article must be corrected. Abstract According to the view of the renowned majority of the jurists and based on paragraph 9 of Article 84 Code of Judicial Procedure, the inadmissibility of a lawsuit is one of the objections and obstacles to handling the petition. So according to this law, the person’s right will violate just with his doubt about the petition in many cases and assumptions, while this is contrary to constitution law No. 34. The present study, using a descriptive-analytical method, shows that the mentioned condition is not clearly stated in any specific evidence, but on the contrary, the inclusiveness of Quran’s verses, specific narrations, proofs and, the principle of not imposing condition indicate that it is not a condition. It seems that this legal article must be corrected.

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