Pages: 38-41

Abstract

An important aspect of valid qualification for the judge, is ijtihad. Based on the popular idea common among Shia and Sunni jurists, the judge must be a mujtahid, and judgment of the mimicker is not accepted. Only a few contemporary jurists have opposed this matter, the most popular of whom is Sahib Javaher who has known the knowledge from imitation to judge as adequate. There are several reasons to make valid ijtihad provision for judge which are expressed in brief.