A Research on the Criterion for Investigation about the Justice of the Anonymous
Journal Title: فقه و اصول - Year 2008, Vol 40, Issue 81
Abstract
One of the most important legal issues debated among the jurists is whether it is necessary or unnecessary to investigate the justice of the anonymous and to what extent. The renowned majority of the jurists maintain that if the anonymous individual performs an action which is to be subject to justice, it is necessary to investigate about his justice, but they disagree on the extent [of investigation]. Some jurists have also said that investigation about a Muslim's justice is not considered a sin qua non. In this article, first the above viewpoints are examined, and then, given the result of the distinction between mediative and topical notion of justice, the writer presents a criterion for the degree of investigation about justice in different cases.
Authors and Affiliations
AbbāS KalāNtarī KhalīLāBāD, Sayyid MuḥAmmad Taqī QabūLī DurafshāN
A Research on the Criterion for Investigation about the Justice of the Anonymous
One of the most important legal issues debated among the jurists is whether it is necessary or unnecessary to investigate the justice of the anonymous and to what extent. The renowned majority of the jurists maintain tha...
Legal Sanction for Non-observance of Expediency in Power of Attorney
Power of attorney (PA) contract is among the specified contracts that are widely used in society and people’s legal relations, because on one hand, people are not compelled to directly vindicate their rights and, on the...
A comparative study of the primary rule for doubt from the viewpoint of Mohaghegh Nāīnī and Shahīd Sadr
When in doubt over duty and the absence of reason, it is the time for adhering to practical principle; but, there is disagreement among principalists as to what is the rimary rule in times of doubt. Some scholars includi...
Intellect and its Application in Fayḍ Kāshānī’s Jurisprudential Thought
Given the importance of intellect in inference, especially in new issues, it is befitting to study the jurists’ works, such as examining the jurisprudential mode of life (sīra) of Fayḍ Kāshānī as an influential jurist in...
Interference of Punishments in Multiple Offences Deserving Legal Punishment and its Challenges
If in multiple offences deserving legal punishment (ḥadd) the perpetrated offences are similar, the punishments interfere and the person is sentenced to one legal punishment. This judgment is disputable from two perspect...