نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The issue of the sanction of the judgeship of women usually begins with explaining the reasoning in this matter and then ends with criticizing and deduction of the opinions. But this article has analyzed the roots of entering to this matter in jurisprudence mid its history at first and then has quoted those reasonings and intended to reveal how the "manhood" has entered to the jurisprudence and if there was a subject as "the conditions of the Judge" just like the subject "the conditions of Imam" at the first days of the codifying the jurisprudence. In this way the subject of the manhood of judge in Imami jurisprudence has been attended with a glimpse on the Sunni jurisprudence and then has revealed that the manhood was not explained in Imami sources and has been considered as a subject "without the Text" in the juridical books. Nevertheless some of the recent jurists consider this condition as an Ijmai opinion. So the juridical studying of this condition depends on an exact study of the history of the subject in the jurisprudence to reveal if we should consider this condition as a certain and undoubted condition which has been accepted by all jurists (in any time) and inevitably had the approval of Masoum (pub). So even if there are some struggles in the proofs of this condition, we must accept it or it is not possible to prove it.
کلیدواژهها [English]
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