نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The issue of the effect of simultaneous death and dismissal on the judge in judicial representation and the execution of the issued judgments is one of the topics that has not been determined in the law and no specific procedure has been found in this matter. On the other hand, the said issue is discussed in jurisprudence, and because of that, there is no room for ijtihad or current practice. Therefore, by prescribing the principle of 167 Q.A. and Article 3 of Q.A.D.M. The descriptions mentioned for it have been analyzed and answered in Imamiyyah and Sunni jurisprudence with a comparative approach. In Imamiyyah, the death and dismissal of the judge of the scribe before reaching receiver, assuming the intention of the book, considers the receiver to be taken from it. However, the transgression of the scriber before reaching the written form is a sign that the transgression is connected to the written form, and therefore it is not permissible to act on it, while changing the state of the written form is not considered effective in the judicial representation and execution of judgments. Two types of theories have been presented in Sunni. In Hanafi jurisprudence, before receiving the book from the scriber, not only the transgression, but also the death and dismissal of the scriber and the receiver, even if it has left the scriber's hand, are considered the cause of its invalidity. In Maliki's jurisprudence, although they do not consider it to be a wide range of subjects and consider it to include all subjects, including the rights of God and the rights of people, any loss of the conditions of a judge or his death and dismissal, whether as a scriber or a receiver, is considered a cause of invalidity of the judge's scribe. Therefore, in Maliki jurisprudence, the reputation is in the lack of difference in the loss of conditions regarding the scriber or the receiver. In the famous Shafi'i jurisprudence, they consider the lack of effect of death, removal, and corruption of the scribe or scribe and consider more validity for the judge's scribe and its imposed appearance. According to Hanbali, the death and dismissal of the scriber and the receiver after leaving the scribe's place, is considered to be the place of execution and enforcement.
کلیدواژهها English
