Article 167 of the Constitution and the Feasibility of Issuing a Verdict Based on an Easier Fatwa

One of the challenging principles of the constitution is Article 167, which leaves judges free to refer to jurisprudence, assuming that the issue is not ruled in law. Apart from the dialogues that have always taken place between the opponents and the proponents of referring to jurisprudence in criminal matters, the present article seeks to institutionalize this principle and provide a model to be the basis for the action of courts of justice in criminal matters and prevent the possibility of judicial dispersal. This model obliges judges to search for jurisprudential opinions and issue rulings based on easier fatwas. This theory is based on some of the religious teachings and is in complete agreement with the Shari'a on the issue of dima' ( human life); In addition, due to the fact that most judges are not Mujtahids nowadays, accepting this view will prevent possible errors and at the same time will ensure the rights of the accused to the maximum.