Interpretation of Law by Islamic Valid Resources or Authoritative Fatwa in Article 3 of Iran Civil Procedure Code

Abstract

Accurate perception of law and reasonable interpretation by judges are one of the requirements denial of justice. Methodology: The right of establishments is judges to interpret and correct implementation of laws in all legal systems and different methods can lead to sources that the most are among the legal systems but value system governing the rights of Iranian origin and interpretation techniques change the key sources of law in Iran. Results: The present paper attempts to clarify recent amendments to article 3 civil procedure code Iran, overview strength of theoretical and practical executive power is vested reform. Conclusion: A study by the necessity of having to remove sources of interpretation contained in the previous legislation, "the spirit and provisions of the laws and customs of habit apparent" lack of transparency and poor performance in sound usage of new valuable resources "authentic Islamic sources and fatwas valid" and especially creating confusion and discrimination in the implementation of the said Article. Research was analytical and documentary data is collected.