Instruct: Given a question, retrieve documents that can help answer the question.
Query: What is a jurist?
A jurist (from medieval Latin) is someone who researches and studies jurisprudence (theory of law).[1] Such a person can work as an academic, legal writer or law lecturer. In the United Kingdom, Australia, New Zealand, South Africa, and in many other Commonwealth countries, the word jurist sometimes refers to a barrister, whereas in the United States of America and Canada it often refers to a judge.[2]
According to the constitution of Iran, Islamic republic is defined as a state ruled by Islamic jurists (Fuqaha). In accordance with verse 21/105 of the Koran and on the basis of two principles of the trusteeship and the permanent Imamate, it is counted as a function of jurists. Also it is explained that only those jurists are entitled to rule who are characters like upright, pious and committed experts on Islam.
Also those who are informed of the demands of the Times and known as God-fearing, brave and qualified for leadership. Also they must hold the religious office of source of imitation and be permitted to deliver independent judgments on general principles(fatwas).chapter one of constitution, where fundamental principles are referred, expresses that continual ejtehad by qualified jurist is a principle in Islamic government. Likewise Article 5 expresses that an individual jurist who is endowed with all necessary qualities or a council of jurist, has the right to rule in Islamic republic as long as the twelfth imam of shia remains in occultation. Also article 57 and 110 show the exact meaning of the ruling jurist’s power. According to article 57, the jurist has supervision over three other branches. . According to article 110 this supervisory are as follow:
These powers belongs to the supreme leader as a Vali-e-faqih.
There is a fundamental difference between the work of a lawyer and that of a jurist.[5] Many legal scholars and authors have explained that a person may be both a lawyer and a jurist, but a jurist is not necessarily a lawyer, nor a lawyer necessarily a jurist. Both must possess an acquaintance with the term "law". The work of the jurist is the study, analysis and arrangement of the law—work which can be done wholly in the seclusion of the library. The work of the lawyer is the satisfaction of the wishes of particular human beings for legal assistance—work which requires dealing to some extent therefore with people in the office, in the court room, or in the market-place.
American based Islamic jurist and scholar Khaled Abou Al-Fadl argues,
The classical jurists, nearly without exception, argued that those who attack by stealth, while targeting noncombatants in order to terrorize the resident and wayfarer, are corrupters of the earth. "Resident and wayfarer" was a legal expression that meant that whether the attackers terrorize people in their urban centers or terrorize travelers, the result was the same: all such attacks constitute a corruption of the earth. The legal term given to people who act this way was "muharibun" (those who wage war against society), and the crime is called the crime of "hiraba" (waging war against society). The crime of "hiraba" was so serious and repugnant that, according to Islamic law, those guilty of this crime were considered enemies of humankind and were not to be given quarter or sanctuary anywhere ... Those who are familiar with the classical tradition will find the parallels between what were described as crimes of "hiraba" and what is often called terrorism today nothing short of remarkable. The classical jurists considered crimes such as assassinations, setting fires, or poisoning water wells – that could indiscriminately kill the innocent – as offenses of "hiraba". Furthermore, hijacking methods of transportation or crucifying people in order to spread fear are also crimes of "hiraba". Importantly, Islamic law strictly prohibited the taking of hostages, the mutilation of corpses, and torture.
Are the rights accorded to “everyone” also available for the benefit of juristic persons? In other words, are companies protected by the Bill of Rights? What about state-owned or state-controlled corporations such as Eskom or the SABC? These questions are answered by reference to s 8(4): “A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.”
Mancham received the 2010 International Jurist Award at the inauguration of the International Conference of Jurists at the Vigyan Bhawan, New Delhi, India. Under the theme International Terrorism, the event was jointly organised by the International Council of Jurists, the National Human Rights Commission of India, the All India Bar Association and Indian Council of Jurists. In a welcoming speech Dr. Adish Aggarwala, President of the International Council of Jurists and Chairman of All India Bar Association, said the award for r Mancham was to recognise his role in promoting world peace and the pivotal part he played in helping to settle international disputes.
In Shia Islam, Islamic Jurists ("faqīh", pl. "fuqahā"') often take on the duty of "wali". Guardianship of the Islamic Jurist, (Persian: ولایت فقیه, "Vilayat-e Faqih"; Arabic: ولاية الفقيه, "Wilayat al-Faqih"), is a doctrine asserting that Islam gives Islamic jurists custodianship over people. (This applies to Shia Islam "in the absence of an infallible Imam", i.e. after the 12th Imam had gone into Occultation in 874 CE.) Prior to the Iranian Revolution this referred to guardianship of non-litigious matters ("al-omour al-hesbiah") including religious endowments (Waqf), judicial matters, and the property for which no specific person is responsible. With the establishment of the Islamic Republic of Iran which institutionalized the teachings of the Ayatollah Ruhollah Khomeini, most references to Guardianship of the Islamic Jurist referred to the idea that a "faqīh" should have guardianship over "all" issues for which Prophet of Islam and Shi'a Imam have responsibility, including how people are governed. This idea of guardianship forms the basis of the Constitution of the Islamic Republic of Iran which calls for a "Vali-ye faqih" (Guardian Jurist), to serve as the Supreme Leader of the government. In the context of Iran, (the only country where this theory is being practiced), Guardianship of the Islamic Jurist is often referred to as "rule by the jurisprudent", "rule of the Islamic jurist", or "Governance of the Jurist".
But even more importantly he developed the ideology of who would run the Islamic Republic, what form of government it would take. Khomeini believed strongly that Islam required the principle of "welayat-e faqih," be applied to government, i.e. that Muslims, in fact everyone, required "guardianship," in the form of rule or supervision by the leading Islamic jurist or jurists—such as Khomeini himself.
This was necessary because Islam requires obedience to traditional Islamic sharia law alone. Following this law was not only the Islamically correct thing to do, it would prevent poverty, injustice, and the plundering of Muslim land by foreign unbelievers. But for all this to happen, sharia had to be protected from innovation and deviation, and this required putting Islamic jurists in control of government.
In December 1382, Muslim jurist Ibn Abi al-Izz of the Hanafite school came under investigation for his theological criticism of a poem which would eventually be discredited, though not before the jurist's short inquisition. On 27 December that year, an affidavit was signed by the Sultan Barquq condemning the jurist as well as calling for an investigation of rumors regarding other jurists promoting the Zahirite school of Sunni Muslim law in Damascus. The four jurists rumored to be promoting non-conformist views were simply nicknamed al-Qurashi, Ibn al-Jabi, Ibn al-Husbani and Sadr ad-Din al-Yasufi.
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While "riba an-nasiya"=interest is a major issue among Islamist/revivalist preachers, writers and economists, and forms the basis of Islamic Banking, another type of riba—what jurists call "riba al-fadl" ("surplus riba") -- is also forbidden by orthodox jurists. "Riba al-fadl" does not involve paying back over time but instead the trading of different quantities of the same commodity (gold, silver, wheat, barley, date, or salt), typically because the quality of the smaller quantity is superior.
The Edict we have now has been reconstructed from various sources, mainly from juristic commentaries on it, such as that of Furius Anthianus. Because of its great importance, the Praetor's Edict, or portions of it, often became the subject of detailed examination and study, in the course of which the specific content of the Edict would be described or quotations would be made directly from it. Of course, much of the literature of the ancient world has been lost, the works of Roman jurist included. Those juristic works that do survive usually come from the latter, or classical, period of Roman Law. Accordingly, most of the Edict we have now is based on the content of the Edict revised in AD 129 by Hadrian (see below). How much and in what fashion and degree this Edict of Hadrian's reign differs from the earlier Praetor's Edict of the Roman Republic are questions that may only be addressed by informed speculation.
Capito had considerable reputation as a jurist and gathered a school of jurists that became known as the Sabinian school after his pupil and successor Masurius Sabinus. Capito's works were read and quoted until the sixth century, although more frequently by lexicographers (especially by Sextus Pompeius Festus and Aulus Gellius) than by jurists.
"The pen is longer than the sword
Is what the jurists think;
The pen is stronger than the sword
Is what the purists think.
So I duly dip my pen in blood
While I soak my sword in ink".
Classical Islamic law defined what today is commonly called "rape" as a coercive form of fornication or adultery ("zināʾ"). This basic definition of rape as "coercive "zināʾ"" meant that all the normal legal principles that pertained to "zināʾ"its definition, punishment and establishment through evidencewere also applicable to rape; the prototypical act of "zināʾ" was defined as sexual intercourse between a man and a woman over whom the man has neither a conjugal nor an ownership right. What distinguished a prototypical act of zināʾ from an act of rape, for the jurists, was that in the prototypical case, both parties act out of their own volition, while in an act of rape, only one of the parties does so. Jurists admitted a wide array of situations as being "coercive" in nature, including the application of physical force, the presence of duress, or the threat of future harm either to oneself or those close to oneself; they also included in their definition of "coercion" the inability to give valid consent, as in the case of minors, or mentally ill or unconscious persons. Muslim jurists from the earliest period of Islamic law agreed that perpetrators of coercive "zināʾ" should receive the "ḥadd" punishment normally applicable to their personal status and sexual status, but that the ḥadd punishment should not be applied to victims of coercive or nonconsensual "zināʾ" due to their reduced capacity.
Ius is the Latin word for justice, right, equity, fairness and all which came to be understood as the sphere of "law". It is defined in the opening words of the Digesta with the words of Celsus as "the art of that which is good and fair" and similarly by Paulus as "that which is always just and fair". The polymath Varro and the jurist Gaius consider the distinction between divine and human "ius" essential but divine order is the source of all laws, whether natural or human, so the pontifex is considered the final judge (iudex) and arbiter. The jurist Ulpian defines jurisprudence as "the knowledge of human and divine affairs, of what is just and unjust".
In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is "no" general prohibition on the giving of legal advice. Sometimes civil law notaries are allowed to give legal advice, as in Belgium.
In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.
Born at the ideological frontline of a divided post-war Berlin, the ICJ was established following the 1952 ‘International Congress of Jurists’ in West Berlin . The Congress was organized by the ‘Investigating Committee of Free Jurists (ICJF)’, a group of German jurists committed to investigating human rights abuses carried out in the Soviet Zone of post-war Germany.
The term jurist has another sense, which is wider, synonymous with legal professional, i.e. anyone professionally involved with law and justice.[1] In some other European languages, a word resembling jurist (such as Italian giurista, German Jurist, Norwegian/Danish/Swedish jurist, French juriste, Spanish and Portuguese jurista, Russian юрист etc.) is used in this major sense.
Ahmad Sirhindi's teaching emphasized the inter-dependence of both the Sufi path and sharia, stating that "what is outside the path shown by the prophet is forbidden." Arthur Buehler explains that Sirhindi's concept of shariah is a multivalent and inclusive term encompassing outward acts of worship, faith, and the Sufi path. Sirhindi emphasizes Sufi initiation and practices as a necessary part of shariah, and criticizes jurists who follow only the outward aspects of the sharia. In his criticism of the superficial jurists, he states: "For a worm hidden under a rock, the sky is the bottom of the rock."
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Montazeri was famous as an Islamic jurist who was made to pay for his liberal-leaning beliefs. He supported a democratic republic as the best form of government; however in his ideal model for government, an Islamic jurist acts as a supervisor and advisor, what he, along with Ayatollah Khomeini, termed as velayat-e faqih. He was the author of "Dirasāt fī wilāyah al-faqīh", a scholarly book advocating the supervision of the administration by Islamic jurists. He believed in the independence of the government and did not accept any executive and policy making role for the Islamic jurist. Montazeri asserted that the rule of the jurisprudent should not be an absolute rule; instead, it should be limited to the function of advisor to the rulers, who are elected by the people.
In his writings, Cherágh Ali sought to correct what he perceived to be misperceptions of Islam and jihad. These misunderstandings, he argued, came from the historical development of "hadith" and the activities of Muslim jurists. He believed the jurists had taken justice into their own hands and in doing so misused or completely ignored the Qur'an. In following these beliefs, Cherágh Ali was committed to offering a fresh interpretation of the Qur'an and a moderated version of jihad.
Stammler was impressed by the achievement of the great classical jurists in making the law an "ars boni et aequi" – a science of what is good and just.
He wrote, "This, in my opinion, is the universal significance of the classical Roman jurists; this, their permanent worth. 
They had the courage to raise their glance from the ordinary questions of the day to the whole. 
And in reflecting on the narrow status of the particular case, they directed their thoughts to the guiding start of all law, namely the realization of justice in life."
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