Journal Paper

Paper Information

Journal: فقه مقارن
Year:1396 | Volume:5 | Issue:10
Start Page:85 | End Page:105

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Title

ANALYSIS OF THE RELATIONSHIP BETWEEN RECEIVING BRIBE AND PRESENT BY JUDGES IN JURISPRUDENCE OF ISLAMIC DENOMINATIONS

Pages

 Start Page 85 | End Page 105

Abstract

 There were some discord among the Islamic jurists about the verdict (Hukm) of receiving PRESENTs by JUDGEs which has been given by OPPONENTS or someone else; and most of them believe that accepting PRESENTs is absolutely forbidden for JUDGEs. Perhaps the most important reason for them is that receiving such PRESENTs by the JUDGEs is BRIBERY, so it should be prohibited. On the other side, some jurists consider presets and bribes two different things, and therefore they consider accepting PRESENTs permitted. In fact, the main cause of this discord is the relationship between bribe and PRESENT. The subject of this article is to study this relationship and the effects of relationship between Bribe and PRESENT on the Hukm of receiving PRESENTs by JUDGEs in Islamic Jurisprudence. The question is whether the Hukm of BRIBERY includes accepting the PRESENT or not. The result is that the relationship between these two is generality and peculiarity in some respect. Therefore, accepting PRESENT cannot always be considered as BRIBERY; but some kinds of PRESENTs are BRIBERY and accepting these kinds of PRESENTs is prohibited.

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