نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، گروه حقوق و فقه اجتماعی، پژوهشکده علوم اسلامی، پژوهشگاه حوزه و دانشگاه، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Although the basic principle is that the law of lex fori governs all claims brought in any government, sometimes in the claims of private international law, according to the rules of resolving the conflict of laws of lex fori, foreign law has jurisdiction and is the basis for consideration and passing a judgment. The implementation of the competent foreign law is conditional on some non-existent conditions, one of which is that the foreign law does not contradict the public order of lex fori, and that is why public order is one of the most important issues of "conflict of laws" which is discussed in private international law. With the assumption that in Islamic jurisprudence and law, based on the rule of obligation and interpretation, sometimes the (non-Islamic) foreign law is the basis for consideration in the Islamic court, the question arises whether in Islamic jurisprudence and law, there is a concept like public order that prevents the implementation of the non-Islamic competent foreign law, based on opposition to public order. Seeking an answer to this question, this article has concluded that the title "Ma la yorza beh al-share" and other similar titles play the role of the concept of public order.
کلیدواژهها [English]
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