Document Type : Original Article
Authors
Islamic Azad University-Najafabad
Abstract
The rights of individuals have a great importance in Islamic studies. One of the legal issues, which has not been thus far researched independently, is whether or not hermaphrodites can act and serve as judges? Speaking from a legal perspective, this topic is not any less significant as compared to any other legal issues. The subject of justiceship or making legal decision has been a matter of contention and debate among the scholars. They are polarized on this issue. some considering masculinity as a necessary condition, others as unnecessary. This article seeks to examine and investigate this subject-matter from the perspective of jurisprudence, its principles and hadith. Based on the theoretical principles of jurisprudence (Usul), it will be demonstrated in the article that there is no objection to a justiceship of hermaphrodite. As well, from a jurisprudential perspective, we do not have a specific criterion with regards to an intermediate or problematic hermaphrodite (khuntha mushkila) so as to rely on while drawing out a conclusion. Therefore, we should inevitably conduct a research and an inquiry, for this purpose, into the principles of jurisprudence.
Keywords
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