Author
Seyed Rasul Mousavi
Publication Place
Semnan University -
Subject
Islam
Type
Book
Language
Persian
Digital
Yes
Manuscript
No
Library
Oxford Islamic Studies Online
Library Asset ID
ISSN: 2008-7012, EISSN: 2717-0330, DOI: 10.22075/feqh.2021.24035.2959
Record ID
cdi_doaj_primary_oai_doaj_org_article_edc6694dc5764e4eb1ffe4204634fa6f
Library Location
DOAJ Directory of Open Access Journals
Notes
Islamic legal restudy of the validity of Islam in the judge in judging Christian and Jewish cases.Judgment has a special and important role in the realization of social order, law enforcement, and divine commandments. Social justice also requires access to social opportunities for all members of society. According to Islamic jurisprudence, Christians and Jews can practice their jurisprudence in some cases that do not harm public order. Article 13 of the Constitution of the Islamic Republic of Iran states the same thing. The reasons why a judge is required to be a Muslim are related to cases where the parties or at least one of them is a Muslim. This study, by examining and criticizing these reasons and quoting verses and hadiths, considers the judgment of a Jewish and Christian judge in the judicial system of the Islamic government as permissible. Their judgment applies to cases where both parties are Christian or Jewish.
Bir Parçasıdır
Muṭālaʻāt-i fiqh va ḥuqūq-i Islāmī : dū faṣlnāmah-i ʻilmī, pizhūhishī, 2021-11, Vol.13 (25), p.473-496