Iran Judiciary Bar Exam study materials
Iran Judiciary Bar Exam study resources

Iran Judiciary Bar Exam: Islamic Jurisprudence (Feqh) and Principles of Law

Iran Judiciary Bar Exam · Work through your exam, one topic at a time.

All guide sections

Islamic Jurisprudence (Feqh) and Principles of Law

Core concepts

This domain tests the sources of law and the reasoning that underlies the codes. Know the primary sources (Qur'an, Sunna, ijma', 'aql) and the secondary principles: istishāb, barā'a, ihtiyāt, takhyīr, and the maxims (qawā'id-e feqhiyya) such as 'no harm' (lā darar), 'hardship permits ease' (al-haraj), and 'certainty is not removed by doubt' (al-yaqīn lā yuzāl bi al-shakk). Understand the distinction between definitive (qat'ī) and speculative (zannī) evidence.

Traps

Examiners test whether a maxim is a rule of interpretation or a source of law, and whether a principle applies only where no explicit text exists. Distinguish istishāb (presumption of continuity) from barā'a (presumption of innocence or non-obligation). Watch the rule that a maxim cannot override an explicit text. Questions may ask which principle resolves a conflict between two evidences.

Rule of thumb

Apply the maxims only after the texts are exhausted. Worked example: a contract term causes disproportionate hardship; the maxim lā darar may support judicial adjustment, but it cannot displace a clear statutory rule.