Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 9 2 2023 08 23 The Determining of a Judge in Imāmīyah Jurisprudence Compared to the Existing Judicial System The Determining of a Judge in Imāmīyah Jurisprudence Compared to the Existing Judicial System 207 246 74169 10.22034/jrj.2022.60049.2234 FA Mostafa Amiri Instructor of Advaned Level Studies of Khurasan Seminary & Ph.D Student at Razavi University of Islamic Sciences. Mashhad - Iran. Mohammdali Vatandoost Associate Professor of the Philosophy Department at Ferdowsi University of Mashhad & Instructor of Advaned Level Studies of Khurasan Seminary. Reza Haghpanah Assistant Professor at Razavi University of Islamic Sciences & Instructor of Advaned Level Studies of Khurasan Seminary, Mashhad - Iran. (Corresponding Author); Journal Article 2021 02 02 Based on the propounded consensus, the authority of determining a judge has been given to the claimant, but on the other hand, in addition to not implementing this view in the current judicial system, some other jurists have given this importance authority to the ruler and the government. Now, the question that the current study has addressed is the analysis of the issue of the authority of determining a judge, in the sense that as a Ḥukm Awwalī and Thānawī (primary and secondary ruling) and also in the current judicial system, Is the claimant responsible for determining the judge or the government? In a research that was carried out by a library and analytical method, the widely known viewpoint has been explained along with three reasons. But due to the deficiency in these reasons and the existence of stronger reasons against it such as verses of the Holy Qurʼān and traditions, the Ḥukm Awwalī and Thānawī has been given the responsibility of the authority of determining a judge to the government, while various justifications have also been explained for the opinion of those who claim this authority to the claimant. Based on the propounded consensus, the authority of determining a judge has been given to the claimant, but on the other hand, in addition to not implementing this view in the current judicial system, some other jurists have given this importance authority to the ruler and the government. Now, the question that the current study has addressed is the analysis of the issue of the authority of determining a judge, in the sense that as a Ḥukm Awwalī and Thānawī (primary and secondary ruling) and also in the current judicial system, Is the claimant responsible for determining the judge or the government? In a research that was carried out by a library and analytical method, the widely known viewpoint has been explained along with three reasons. But due to the deficiency in these reasons and the existence of stronger reasons against it such as verses of the Holy Qurʼān and traditions, the Ḥukm Awwalī and Thānawī has been given the responsibility of the authority of determining a judge to the government, while various justifications have also been explained for the opinion of those who claim this authority to the claimant.

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