mohammad hosean bayat; hesam emami danaloo
Abstract
In this research, the necessary conditions regarding the judge's faith, piety, science and ijtihad are explained in order sit on the place of judgment in the Islamic government, using the verses of the Holy Quran and the narrations of the infallibles (AS) reflected in Al-Kafi. According to Quranic verses, ...
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In this research, the necessary conditions regarding the judge's faith, piety, science and ijtihad are explained in order sit on the place of judgment in the Islamic government, using the verses of the Holy Quran and the narrations of the infallibles (AS) reflected in Al-Kafi. According to Quranic verses, the four important Features of "faith", "science", "justice" and "piety" are necessary for a judge. Among these features, the jurists' knowledge of the judge has been of interest to them and there are two views in this regard: the need for ijtihad and its unnecessary. Advocates of the first view cite to tradition of "Omar ibn Hanazaleh" and the other group to tradition of "Abu Khadijeh". Considering the strict Islamic religion's recommendation to the people, the property and honor of the people, we need to know the condition of ijtihad in the judge on the precaution. On the other hand, we can seek the details of the judge's features which are mentioned in the Holy Quran, in the narrations of the infallibles (AS) and the necessity of observance of equality, even in the kind of judge's view on the two sides of the dispute, is one of them. Collecting the contents of this research is in library method and follows the documentary method in the citation of data. Also, its method in content analyzing is descriptive-analytic.
