Proscription for Assuming Judicial Office in Imami JurisprudenceInferential study

Abstract

Abstract

In the Name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the Worlds, and may peace and blessings be upon Prophet Muhammad and his pure, noble family.

Jurisprudential maxims constitute a significant category of inferential evidence that has long attracted the attention of jurists for purposes of refinement and application. Among these is the maxim of The Presumption of the Prohibition of Judicial Authority, which establishes that judicial rulings are presumed to lack legal validity unless issued by a duly authorized authority.

Following the definitional stage, the study examines the intended meaning of the term prohibition within the maxim, encompassing both its juridical dimension—absence of legal effect—and its obligatory dimension—prohibition in the sense of impermissibility.

The evidentiary analysis draws on multiple proofs from the Qur’an and Prophetic traditions, leading to the conclusion that judicial authority is exclusively vested in Allah Almighty, His Prophets (peace be upon them), the Imams (peace be upon them), and qualified jurists. The evidence further supports the applicability of the maxim to women and minors in terms of the prohibition, even if they possess juristic expertise.