Author
GÜLENGÜL, Esra
Publication Place
Firat University -
Firat University
Subject
Disabilities, Health
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1304-639X, EISSN: 2791-951X, DOI: 10.58568/firatilahiyat.1168506
Record ID
cdi_doaj_primary_oai_doaj_org_article_233c47c055644343b74c894dd3ad4713
Library Location
DOAJ Directory of Open Access Journals
Notes
Throughout history, judges have been involved in delivering rights to their owners and ensuring justice. Due to their mission, special attention has been paid to the qualifications that people who will become judges should have. Likewise, it is noteworthy that in the fiqh books that deal with qada and qadi in a separate section, health is also emphasized among the qualifications that judges must have. Accordingly, the judge must first have full legal capacity in terms of mental health. There is an agreement among the jurists that mentally disabled people, as well as those with disabilities such as debauchery due to their mental health, cannot become judges because they do not have custody of the district. Secondly, in order to make a legally valid judgment, the judge must be of perfect creation in terms of seeing, hearing and speaking. Although this is the preferred expectation, it has been accepted that people with vision, hearing and speech loss that does not hinder the trial can be a judge. In determining these criteria, testimony was especially taken into consideration as a criterion. The fact that the provisions regarding the health conditions required for judges are not clearly mentioned in the book and sunnah has paved the way for the issue to be discussed within the framework of rational inferences rather than texts. Our study aims to examine the health condition required for judges in the context of fiqh discussions and to determine the evidence used to base various opinions mentioned in the sources. While examining the opinions of jurists on the determined subject, phenomenological analysis and historical research methods were mostly used among qualitative research models. However, when necessary, tahrij, a traditional method in fiqh, was also used. Throughout history, judges have been involved in delivering rights to the owner and ensuring justice. Due to this mission of theirs, special attention has been attributed to the qualifications that the people who serve as judges should have. Likewise, it is noteworthy that in the fiqh (Islamic law) books, which deal with qaḍā (judiciary) and qāḍī (judge) in a separate chapter, there is also an emphasis on health among the qualities that judges should have. Accordingly, the judge must first have full capacity for action in terms of mental health. Depending on mental health, there is a consensus among fuqaha that the mentally disabled, as well as the interdicted persons such as the libertines, cannot be judges because they do not have the decision-making capacity. Secondly, in order to make a legally valid judgment, the judge must be in the perfect creation condition (kâmilu'l-ẖilkat) in terms of sight, hearing, and speech. Preferably, although the expectation was in this direction, it was accepted that people who had loss of sight, hearing, and speech to an extent that would not prevent them from making judgments could serve as judges. In determining these criteria, witnessing was placed in the center as a criterion. The fact that the provisions related to the health condition sought in judges in the book and sunnah were not explicitly mentioned paved the way for the discussion of the subject within the framework of mental deductions rather than as nass (words of God and the prophet). Our study aims to examine the health condition required in judges in the context of fiqh discussions and to determine the evidence taken as a basis for basing the various opinions mentioned in the sources. While examining the opinions of the fuqaha on the determined subject, phenomenological analysis and historical research methods were used among the qualitative research models. However, tahric, a traditional method in fiqh, was also applied when necessary.
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