جستجوی مقالات مرتبط با کلیدواژه "قاضی" در نشریات گروه "ادیان و عرفان"

The Muhabati Contract (gratis bargain) of judges is a discrepancy in the Islamic jurisprudence and some of jurists consider them some kind of bribery and therefore as a forbidden act. The main question of this article is: “Is it legal for judges to apply such bargains and receive such a free property?” Also this issue is of importance that: “Are these bargains invalid in the case of illegality?” The subject of this article is to study the commandment and effect of these kinds of bargains for judges and to analyze the religious reasons discussed in the five Islamic schools of thought. In this matter it will be proved that the main factor on the commandment of these bargains is the intention of the parties. If they intend to give and get bribery, this property will be bribery and if not, it will be legal and it is some kind of gift. In the end, it is concluded that if the judge's gratis bargains are without the intention of bribery and there is no other corruption in them, they are permissible for the judge.

The sacred tradition of marriage from the beginning of human history has always been more or less influenced by environmental, social, and religious conditions. One of the most basic conditions of marriage, from the Islamic point of view, is the permission of the guardian of the girl. However, in case of absence of a close guardian and the transfer of guardianship to a distant guardian or the judge or the girl herself, jurists of Islamic denominations have different views. If the guardian's absence is interrupted i.e. it is impossible or difficult to reach him, three solutions have been proposed: transferring the guardianship to the distant guardian, transferring the guardianship to the judge, and leaving the guardianship to a mature and wise girl. If the absence is uninterrupted (access to the guardian is possible), the following four solutions have been suggested: transferring the guardianship to the distant guardian, transferring the guardianship to the judge, leaving the guardianship to the girl and not transferring the guardianship, and waiting for the close guardian to return. In case of interrupted absence of the guardian, it seems that the solution of transferring the guardianship to the distant guardian is more in line with narrative and rational arguments, and if the absence is uninterrupted, it is better to wait for the guardian to return and take charge of the marriage, especially since in the present age it is easy to return to such a situation with ease in traffic.