Quranic principles of allowing and not allowing recourse rule to the ruling

Subject Areas : Quarterly Sabzevaran Fadak

Hamdollah Soleimani Sarduo ¹ , Meisam Taram ² , Rouhollah Afzali ³

1 - PhD student in jurisprudence and law
2 - Assistant Professor of Theology, Shahid Bahonar University of Kerman and Part-time Assistant Professor, Islamic Azad University, Jiroft Branch
3 - Faculty Member, Islamic Azad University, Jiroft Branch.

Received: 2021-03-27 Accepted : 2025-01-04 Published : 2025-01-04

Keywords: rule, no permission to refer, faraqh dadras, Judgment of Judge.,

Abstract :

Basically, every jurisprudential rule must be based on the Shari'a, and according to the predecessor and successor jurists, the jurisprudential rule of not allowing recourse to the ruling of jurisprudence has also jurisprudential principles. This rule in jurisprudence is called the vacancy of a judge, according to which whenever a judge finished the judiciary by issuing ha verdict, he has no longer the right to refer to and deviate from the verdict, and this is the meaning and concept of the rule of having no permission to refer to the verdict. The mentioned rule is one of the rulings of the government and the obligations of the Shari'a and Tawliyah, and since it is about the political and governmental jurisprudence, its implementation is obligatory for all judges and rulers of the Shari'a. This rule has jurisprudential principles and the arguments of Fegh'h. And there are several verses in the Holy Quean such as verse 1 So when you get a job, do something important in Surah Al-Insharah and verses of Surah Ma'idah and the Anbiya indicate that it is not permissible to refer to the ruling of judgment.