نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیأت علمی گروه حقوق و فقه اجتماعی پژوهشگاه حوزه و دانشگاه (قم)
2 استادیار گروه فقه و مبانی حقوق اسلامی، دانشگاه تهران، پردیس فارابی، قم، ایران
3 استادیار گروه حقوق پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
There is a difference of opinion among the jurists about the legitimacy of the institution of consolidated judgment in jurisprudence, such that some have deduced its legitimacy from some verses of the Qur'an and others believe that it is illegitimate based on some other verses. The basic question is, what are the verses that indicate the legitimacy or illegitimacy of arbitration (consolidation judgment) and to what extent are the implications of each of these verses?
Although a comprehensive jurisprudential examination of each issue requires the examination of all the evidences of jurisprudence, including the Qur'an, the Sunnah, reason and consensus, but in this article, by trying to focus on the verses of the Qur'an and maintaining the centrality of the noble verses of the Word of Revelation, the implications of the verses that those who believe in the illegitimacy of arbitration have raised It has become a point of controversy, and among the verses that insist on the legitimacy of arbitration, only the meaning of verse 31 of Surah Nisaa concerning the separation of couples has been accepted, and by accepting the "Fabaatwa" mulavit in this verse and rejecting the theory that this is a directive, and by proving that it is not assigned This verse refers to the disputes between spouses and its general rule over all claims and disputes (with the help of the way of the wise and the comparison of priority and some hadiths); The legitimacy of the arbitration institution has been proven.
کلیدواژه‌ها [English]
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