A Critique of the attitude of the deprivation of the illegitimate child from the ‎judiciary

Document Type : Original Article

Author

PHD

10.22034/jlr.2020.184916.1602

Abstract

According to Article 163 of the Constitution, the qualities and conditions of a judge are ‎determined by law according to jurisprudential standards. In the written jurisprudential heritage, ‎in order to obtain the ruling of the judiciary, the fulfillment of conditions such as "born purity" ‎has been considered necessary, and this is reflected in the regulations for the recruitment and ‎employment of judges (approved in 1392). The implication of this statement is only that ‎persons born out of wedlock (natural children) are deprived of this social right and cannot be ‎placed in this position. Needless to say, such an attitude stems from the generalization of natural ‎parental error behavior to the individual; This is apparently not in line with the principles of ‎justice. Considering the importance of the discussion, the Considering the importance of the ‎discussion, the present article has criticized such a view based on jurisprudential documents. It ‎is clear that the result of the research, in addition to correcting the jurisprudential view, is to ‎answer some theological questions and doctrinal doubts. The findings of the research show that ‎the documents provided by the jurists are not sufficient to prove their claim and as a result, the ‎validity of such a condition lacks the necessary legal validity.‎

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Legal Research Quarterly
Volume 24, Issue 95 - Serial Number 95
November 2021
Pages 309-334

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History

  • Receive Date: 28 April 2020
  • Revise Date: 02 August 2020
  • Accept Date: 05 September 2020

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