Judgment

Judgment

Feasibility of the Removal of Judges from the Perspective of Islamic Schools of Thought and Iranian Law"

Document Type : Scientific

Author
Department of Shafi'I Jurisprudence, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.
10.22034/judg.2026.2089159.1695
Abstract
"Judiciary is one of the most critical offices, and in Islamic jurisprudence, numerous conditions have been stipulated for its assumption to ensure the realization of social justice and the protection of rights. Following the assumption of judicial office, individual factors—such as illness and physical or psychological fluctuations—as well as non-individual factors—including the excessive volume of litigants' complaints, the death or dismissal of the ruler, and the existence of a more qualified candidate (*Afdal*)—can influence a judge's competence and eligibility to adjudicate claims. Jurists and legal scholars hold differing opinions regarding the extent to which these factors impact judicial competence. This research, employing a descriptive-analytical approach and utilizing library resources, seeks to induce and analyze the jurisprudential views of Islamic schools and the opinions of legal scholars concerning the grounds for the removal of judges and their respective impacts. By synthesizing and analyzing these jurisprudential views, it can be concluded that most individual factors affecting a judge's competence to adjudicate claims result in the judge's removal without the need for a ruler's decree; however, non-individual factors that do not directly affect the judge's competence cannot be considered grounds for removal and require a formal decree from the ruler. In Iran, the recruitment of judges is governed by the 'Law on the Selection of Judiciary Judges' (passed on May 4, 1982) and the 'Civil Service Law' (Articles 14-29). From a legal standpoint, any removal of a judge must be based on the determination of competent authorities,
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Articles in Press, Accepted Manuscript
Available Online from 03 September 2026

  • Receive Date 20 May 2026
  • Revise Date 09 August 2026
  • Accept Date 03 September 2026