A STUDY OF THE EVIDENCE OFFERED BY PROPONENTS OF LEGITIMACY OF CHARGING FEES FOR JUDGMENT IN THE JURISPRUDENCE OF ISLAMIC SCHOOLS OF LAW

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MOMENI ABEDIN; FARAHZADI ALI AKBAR; SHIA ALI ALI

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Journal: FIGHE MOQARAN Year:2017 | Volume:4 | Issue:8 Page(s): 47-65

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Information Journal Paper

Title

A STUDY OF THE EVIDENCE OFFERED BY PROPONENTS OF LEGITIMACY OF CHARGING FEES FOR JUDGMENT IN THE JURISPRUDENCE OF ISLAMIC SCHOOLS OF LAW

Author(s)

MOMENI ABEDIN | FARAHZADI ALI AKBAR | SHIA ALI ALI | Issue Writer Certificate

Keywords

FEE

JUDGE'S OFFICE

JUDGE

JURISPRUDENCE OF ISLAMIC SCHOOLS

LITIGANTS

Abstract

Some of the Islamic jurisprudents believe in legitimacy of charging FEEs in return for judgment. So JUDGE is free to make a lease agreement with both LITIGANTS (or one of them), Islamic ruler or a third person and count the judgment and FEE as considerations. The main question of the article is as follows: Taking the view of the majority of Muslim jurisprudents into consideration holding prohibition of charging FEEs in return for judgment, what are the proofs of Proponents of its legitimacy? The subject of this article is to analyze the legal arguments to prove the justifiability of charging FEEs for judgment among the jurisprudents of the five Islamic schools of law. They rely on two types of proofs: general arguments of the justifiability of contracts (including lease) and special arguments of legitimacy of charging FEEs for judgment. The result is that their special arguments face certain problems and only the generic reasons may be useful in this regard.

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APA: Copy

MOMENI, ABEDIN, FARAHZADI, ALI AKBAR, & SHIA ALI, ALI. (2017). A STUDY OF THE EVIDENCE OFFERED BY PROPONENTS OF LEGITIMACY OF CHARGING FEES FOR JUDGMENT IN THE JURISPRUDENCE OF ISLAMIC SCHOOLS OF LAW. FIGHE MOQARAN, 4(8 ), 47-65. SID. https://sid.ir/paper/267028/en

Vancouver: Copy

MOMENI ABEDIN, FARAHZADI ALI AKBAR, SHIA ALI ALI. A STUDY OF THE EVIDENCE OFFERED BY PROPONENTS OF LEGITIMACY OF CHARGING FEES FOR JUDGMENT IN THE JURISPRUDENCE OF ISLAMIC SCHOOLS OF LAW. FIGHE MOQARAN[Internet]. 2017;4(8 ):47-65. Available from: https://sid.ir/paper/267028/en

IEEE: Copy

ABEDIN MOMENI, ALI AKBAR FARAHZADI, and ALI SHIA ALI, “A STUDY OF THE EVIDENCE OFFERED BY PROPONENTS OF LEGITIMACY OF CHARGING FEES FOR JUDGMENT IN THE JURISPRUDENCE OF ISLAMIC SCHOOLS OF LAW,” FIGHE MOQARAN, vol. 4, no. 8 , pp. 47–65, 2017, [Online]. Available: https://sid.ir/paper/267028/en

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