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Research Director of the Department of Criminal and Criminology
Abstract
Examining the legitimacy of non-mujtahid judgments from the point of view of jurisprudence is necessary in order to cooperate with the country's judicial authorities in the comparative recognition of Sunni and Imami jurists' opinions in court cases. Legitimacy of non-mujtahid judgment was compiled by analytical-descriptive method by referring to jurisprudential-legal sources in a library manner. Based on the evidence of representation and proxy, it cannot be proven, considering the principle of no authority of a person over another person and the principle that only the mujtahid himself is responsible for the matter of qadha. However, some scholars have considered the representation of a mujtahid to be correct in qadha. A pious and just scholar can become a judge with the permission of a mujtahid and his ruling is valid. The condition of ijtihad is not relevant for a judge, the amount of knowledge that fulfills the meaning of the holy law in the matter of qadha is sufficient.
According to the secondary titles such as: necessity, urgency, ensuring justice, maintaining public security, organizing arbitrary affairs and the emergence of new issues, a just and pious non-mujtahid scholar can make a judgment on the condition of being installed by a mujtahid. Most Sunni jurists consider ijtihad as a condition for a judge. However, in case of emergency and public interest, this condition is removed and non-Mujtahid Adel sits in the post of judge. Some Sunni jurisprudents do not consider ijtihad as a condition in the present situation.
