Reflection on the Judgments of Ahl al-Sunnah from the Perspective of the Holy Quran

Zare Dehabadi, Reyhaneh; Mir Khalili, Syed Ahmad; Rostaei Sadrabadi, Hamid

Reflection on the Judgments of Ahl al-Sunnah from the Perspective of the Holy Quran

Document Type : Original Article

Authors

reyhaneh zare dehabadi ¹

Syed Ahmad Mir Khalili ²

hamid rostaei sadrabadi ²

¹ PhD in the Department of Jurisprudence and Criminal Law, Faculty of Theology, Meybod University, Meybod

² Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Theology, Meybod University, Meybod, Iran

Abstract

Since a judge plays an undeniable role in implementing laws and divine hudud, they must possess special qualities to be entrusted with the critical task of judgment. For entering the position of judgment, faith is a condition, which in the language of Shiite jurists means being a Twelver Shia. Regarding this condition in a judge, there are two views: supporters of the condition of faith in judgment cite evidence, including verses and narrations. The other group, after distinguishing between the old and new judicial systems and using the generality of some verses, considers the outcome of the judgment more important. This study, by reviewing and critiquing the evidence of both sides, argues that Quranic verses cannot affirm or deny the condition of faith in a judge, but with reference to narrations, it is forbidden to present a case before a non-believing judge. This prohibition does not include judges appointed by the ruler; therefore, if the ruler deems the judgment of a non-believer, especially in personal status matters, appropriate, it will not be problematic.

Keywords

Faith

Islam

judge

personal status

Shia

Sunni