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Information Journal Paper

Title

Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations

Author(s)

 Mohammad Hosseinzadeh Abdol Reza | Azizollahi Hojat | REZVANTALAB MOHAMMAD REZA | Issue Writer Certificate 

Pages

  129-148

Abstract

 One of positions with high social significance is Judgeship which is considered as reference of obviating conflicts between people. In Islam religion, commissioning this position is obligatory for those who are competent. It is well known among jurisconsults that receiving Fee for obligations is unlawful. For proving this illegality, Quran Ayahs have been adduced that citing them is not sufficient. Along with these ayahs, some traditions have been mentioned on remonstration of Fee for Judges who have introduced it hard and illegal, that these traditions may be considered warden on the Judges who are appointed by oppressor sultan. In contrast, some for ordering the license of receiving Fee for obligations have adduced reasons such as respecting Muslims action and predicating return reasons and invalidity of prohibition reasons which seem defendable. But since the current duty of Judges of justice according to law is merely accommodating the claims with legal clauses, they could be called legal expert not legal Judge, so in judicial aspect, receiving Fee by them is treated permissible. The present study investigates these topics and concludes that receiving Fee for judgment has no judicial barrier.

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  • Cite

    APA: Copy

    Mohammad Hosseinzadeh, Abdol Reza, Azizollahi, Hojat, & REZVANTALAB, MOHAMMAD REZA. (2019). Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 15(54 ), 129-148. SID. https://sid.ir/paper/134435/en

    Vancouver: Copy

    Mohammad Hosseinzadeh Abdol Reza, Azizollahi Hojat, REZVANTALAB MOHAMMAD REZA. Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2019;15(54 ):129-148. Available from: https://sid.ir/paper/134435/en

    IEEE: Copy

    Abdol Reza Mohammad Hosseinzadeh, Hojat Azizollahi, and MOHAMMAD REZA REZVANTALAB, “Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 15, no. 54 , pp. 129–148, 2019, [Online]. Available: https://sid.ir/paper/134435/en

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