A Research on the Criterion for Investigation about the Justice of the Anonymous

Document Type : Research Article

Authors

Abstract

One of the most important legal issues debated among the jurists is whether it is necessary or unnecessary to investigate the justice of the anonymous and to what extent. The renowned majority of the jurists maintain that if the anonymous individual performs an action which is to be subject to justice, it is necessary to investigate about his justice, but they disagree on the extent [of investigation]. Some jurists have also said that investigation about a Muslim's justice is not considered a sin qua non. In this article, first the above viewpoints are examined, and then, given the result of the distinction between mediative and topical notion of justice, the writer presents a criterion for the degree of investigation about justice in different cases.
Keywords: justice, anonymous, investigation, mediativeness (ṭarīqiyyat), topicality (mawḍū‘iyyat).

CAPTCHA Image