Jurisprudential and legal study of science, ijtihad and independence of judges

Document Type : Original Article

Authors

1 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran

2 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran (Corresponding Author)

Abstract

One of the main and key aspects of governance in the political system is the position of judge. Judgment is the most obvious position that is very important from a legal, jurisprudential and social point of view and has many challenges in the governmental organization. It is important because it shows the commitment to the law and the seriousness in doing so in protecting all human rights. In any government, the judge and the judiciary and fair judgment have a high status and great importance. The judge is the executor of the law and the guardian of justice. Judgment is an important matter that among its various subjects, the issue of independence and attributes such as knowledge and being a mujtahid is important and valuable, because the existence of these conditions is the prelude to the realization of justice. For many, the question may arise as to whether the judge should be independent or not and whether the judge's knowledge should be at the level of ijtihad or not. And what are the evidences and principles that distinguish an independent judge and a mujtahid? According to the questions raised, the present study, which has been conducted by the method of documentary and library study, with the aim of jurisprudential and legal study of the independence, science and ijtihad of judges seeks to answer these questions.

Keywords

Political Sociology of Iran
Volume 5, Issue 6
August 2022
Pages 336-346

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