A reflection on the Rule of Receiving Remuneration from Parties to a Lawsuit for Judging

Permissibility or non-permissibility of receiving direct costs for judging such as judge’s remuneration from parties to a lawsuit is one of the most controversial issues in the judgment matter.Receiving the remuneration from parties to a lawsuit was not considered permissible by the renowned majority of the Imami jurists. They believe that a needy judge should earning his livelihood from public treasury.On the other hand, some other group of jurists believe that the presented evidences by the renowned majority of jurists is not competent to prove the prohibition opinion.Both views and their evidences have been examined in this study.  While rejecting the view of the renowned majority of jurists, the view of permission which is more compatible with the rules and principles that dominate the Islamic judicial jurisprudence has been preferred in this article. It has been also proven that when the judge’s remuneration can be paid by parties to a lawsuit there is no reason to impose such a heavy burdenon the public treasury.