A Study of the Evidence Offered by Proponents of Legitimacy of Charging Fees for Judgment in the Jurisprudence of Islamic Schools of Law

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.