Jurisprudence and Law
Ziba Zafari; Javad Panjepour; Ahmad Abedini
Volume 18, Issue 5 , September 2018, , Pages 207-226
Abstract
Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. ...
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Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. The attitude of the jurisprudential texts and profound thought in the traditions and sayings of the Prophet (pbuh), the infallibles (as) and the words of the elders, all indicate that this position is important.Shiite jurisprudence with all its breadth and dynamics, in dealing with the events of the day and the needs of the day require the ghur, thinking, relaxation, and flexibility that in the absence of the infallible Imams, the hypocrites, scholars and clergymen of the Shari'a are supposed to work on this path and put them on the shoulders of ijtihad. In this regard, the category of innovation and ijtihad is apparent in the course of compilation of the laws of the Islamic Republic of Iran, which is derived from this dynamic theology. In this study, we will look at the current laws in conformity with the jurisprudence of the Imamieh, and to see to what extent the status and functioning of the judiciary have been transcendental, fruitful, and responsive to the developments of the day.
