The Analysis of the Jurisprudential Principles of Identification and Implementation of Judicial Decisions of the Foreign Courts

As the world communications develop, the interprsonal legal relations also increase at a global level. This gives rise to the emergence of certain issues which can take on not only a domestic and legal form but also international aspects.  The question raised here is whether or not, from the perspective of Imamite fiqh, there is a possibility of accepting the legal decisions which are made in the courts of different countries of the world, especially in the Isalmic countries. In this article, there is a prevailing view that in Imamite (twelver's) fiqh regarding civil rights, it is possible to accept the rulings and judicial decisions of other Islamic countries.  However, in relation to the rest of non-Islamic countries, the maxims such as the maxim of 'obligation' can pave the ground to accept the judgemrnts or decisions of the the courts in the Islamic and non-Islamic countries. It is evident that this acceptance is in terms of 'primary rule' and the use of such rules as "Muslims are bound to their obligations" as well as the 'expediency' which is discerned by the religious authority (judge) provide a bigger opportunity in terms of the secondary rules in this regard.