This article examines whether justice in the ruler is a condition or not. From the examination of jurisprudence books, it has been found that Sunni jurists have considered justice in the ruler in three forms (choice of the people of resolution and marriage, isthilaf and council); But most of them did not consider condition in one way (stila and sitreh). This ruling was influenced by the historical reality and the Umayyad rule, which did not meet the three conditions. They inculcated the belief that if the ruler takes power by force, the condition of justice will fall; But this belief is in conflict with the teachings of the Quran, the life of the Holy Prophet (PBUH) and common sense. In Shia jurisprudence, ruling justice in all times and conditions is a condition and this condition is never violated. If there is no justice in the ruler, his rule is tyranny and following him is considered following tyranny.