THE POSITION OF WOMEN JUDGESHIP IN SHIITE JURISPRUDENCE AND IRANIAN LEGAL SYSTEM

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SHAKERI GOLPAYGANI TOUBA; HAMIDI ELHAM; MAHBUBI SHARIATPANAHI NASIM SADAT

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Journal: PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES) Year:2016 | Volume:7 | Issue:2 Page(s): 63-84

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Title

THE POSITION OF WOMEN JUDGESHIP IN SHIITE JURISPRUDENCE AND IRANIAN LEGAL SYSTEM

Author(s)

SHAKERI GOLPAYGANI TOUBA | HAMIDI ELHAM | MAHBUBI SHARIATPANAHI NASIM SADAT | Issue Writer Certificate

Keywords

JUDGESHIPQ2

WOMEN JUDGESHIPQ2

MASCULINITYQ2

JUDGE CONDITIONS AND QUALIFICATIONSQ1

Abstract

During various jurisprudential eras, certain common qualities have been specified for the ones being appointed as judges; however, different theories have been proposed concerning the particular prerequisite of MASCULINITY. Some jurists have considered MASCULINITY to be one of the required prerequisites for judges. This article focuses on ideas of Islamic jurists, from Minor Occultation age to contemporary era, and the issue of women JUDGESHIP before and after the Islamic Revolution. The results of this study illustrate that the MASCULINITY condition was not among JUDGESHIP prerequisites prior to the time of Sheikh Tusi (one of jurists of early Imamiyeh jurisprudence) and it was Sheikh Tusi himself who started these controversial debates. In other words, there was no condition of MASCULINITY during the first era of jurisprudence, yet it was during the second and third eras when the number of MASCULINITY proponents increased, in a way that even in the fourth era we can observe quite different views in this regard in comparison to other eras. From legal point of view, there was no masculine condition for JUDGESHIP prior to the Islamic Revolution, but it was in 1361 when this condition was appended to the qualifications of judges; nevertheless, while ijtehad (superior canonical scholarship) condition was neglected

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APA: Copy

SHAKERI GOLPAYGANI, TOUBA, HAMIDI, ELHAM, & MAHBUBI SHARIATPANAHI, NASIM SADAT. (2016). THE POSITION OF WOMEN JUDGESHIP IN SHIITE JURISPRUDENCE AND IRANIAN LEGAL SYSTEM. PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES), 7(2), 63-84. SID. https://sid.ir/paper/235737/en

Vancouver: Copy

SHAKERI GOLPAYGANI TOUBA, HAMIDI ELHAM, MAHBUBI SHARIATPANAHI NASIM SADAT. THE POSITION OF WOMEN JUDGESHIP IN SHIITE JURISPRUDENCE AND IRANIAN LEGAL SYSTEM. PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES)[Internet]. 2016;7(2):63-84. Available from: https://sid.ir/paper/235737/en

IEEE: Copy

TOUBA SHAKERI GOLPAYGANI, ELHAM HAMIDI, and NASIM SADAT MAHBUBI SHARIATPANAHI, “THE POSITION OF WOMEN JUDGESHIP IN SHIITE JURISPRUDENCE AND IRANIAN LEGAL SYSTEM,” PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES), vol. 7, no. 2, pp. 63–84, 2016, [Online]. Available: https://sid.ir/paper/235737/en

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