Abstract:
The issue of the judge and judging is one of the important issues afflicting humanity that has been of interest to mankind since ancient times. Since humans are innately endowed with different and diverse temperaments and ethics, they encounter differences in their interactions, meetings, transactions, and disputes, which creates a need to refer to an expert and skilled person in the matter of judging and resolving conflicts and animosities. Every society tries to help resolve these problems and establish relative justice in its society by enacting civil and social laws or by emulating religious and sectarian cultures. The clear religion of Islam, which is the most complete religion among the heavenly religions, like other matters, has dealt with the matter of judging and arbitration with precision and perfection and has considered specific conditions for this grave and important matter. Primarily, this matter is managed and pursued by the Infallible Imam (peace be upon him), based on whose discernment permission is granted to qualified individuals. In this writing, it has been attempted to help clarify the dimensions of the permission in the case by examining the aspects of this issue and reviewing the opinions of jurists.
Machine summary:
98, Chapter 11, Hadith 1 Conditions of the judge in the era of the Imam's occultation during the time of occultation The adjudication of a jurist who possesses the conditions of issuing fatwas (is valid) during the Imam's occultation, and those conditions consist of: puberty, intellect, being male, faith, justice, purity of birth - by consensus of the jurists, ability to write, freedom, and eyesight - according to the more famous opinion, and the power of speech, dominance of memory over forgetfulness, and ijtihad in Sharia rulings and the principles of those rulings, which are the principles of jurisprudence.
Jurists have provided three ways to resolve disputes: 1- The ruling of an appointed judge: meaning the ruling of a person who is appointed for adjudication by the Islamic government and the Wali al-Amr and officially holds this position.
From the hadith of Yusuf bin Jabir, it is inferred that: taking a service fee from both parties of a dispute by a judge, while the matter of judgment is specific to him (meaning this is the only judge available), is forbidden, as the words of the Great Prophet (PBUH) indicate this matter: "people need him because of his being a jurist.
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