Jurisprudence and Law
Abdolhosseyn Rezaei Rad
Abstract
The present descriptive-analytical study was an attempt to improve jurisprudential texts and sources to detect the problems in the content of popular Shiite jurisprudential texts used as textbooks in seminaries. Finally, it figures out what contents and materials should be added to the jurisprudential ...
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The present descriptive-analytical study was an attempt to improve jurisprudential texts and sources to detect the problems in the content of popular Shiite jurisprudential texts used as textbooks in seminaries. Finally, it figures out what contents and materials should be added to the jurisprudential teachings to increase the enforceability of jurisprudential laws in different times and circumstances to prevent practical deviation from religious laws and the application of incorrect methods in the enforcement of such laws. To achieve this goal, aside from dealing with jurisprudential laws and the reasons behind them, which are addressed in common jurisprudential works, jurists are advised to take into account the rationale, logic, and enforcement methods of such laws (which are collectively referred to as "the requirements of jurisprudential laws" in the present article), so that they can organize jurisprudential law enforcement methods concerning their philosophy and rationale and put forward appropriate strategies to prevent the deviation of such enforcement methods from their pre-determined goals and objectives.
Jurisprudence and Law
Abdol Hossein Rezaei Rad
Abstract
According to its most famous definitions, jurisprudence is based on the science of expressing and deducing judgments on their reasons, and the sources of jurisprudence and the textbooks of this field of humanities have not left any effort in expressing religious judgments and their reasons, but have ...
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According to its most famous definitions, jurisprudence is based on the science of expressing and deducing judgments on their reasons, and the sources of jurisprudence and the textbooks of this field of humanities have not left any effort in expressing religious judgments and their reasons, but have proven experience. Due to the fact that the rulings are applicable in a variety of social and historical conditions, it is feasible and viable. Reasons alone are not enough, and the reason for the sentences and method of its implementation is significant, but unfortunately in the jurisprudential works, especially the Shiite jurisprudential works which include being afraid of divorce from divine commandments and falling into the trap of analogy and tastes, little has been done on these two categories. This research tries to increase the efficiency of the sources of jurisprudence and the strategies of the studies in this field and the need to address these two categories and the consequences of neglecting them in the sources and texts of jurisprudence. The present paper makes an attempt, through examples and actual examples as two important strategies, to increase the efficiency and outcome of jurisprudential texts and, at the same time, to highlight the damage of extremes in the methodology and causality of sentences.
