Jurisprudence and Law
Mohammad Mahdi Alsharif; Nasrollah Jafari
Abstract
It has been several decades since the concern of Islamization and localization of humanities has occupied the mind and conscience of the country's cultural custodians. Among the humanities, mostly imported sciences such as psychology, which have Western origins, have been considered for localization ...
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It has been several decades since the concern of Islamization and localization of humanities has occupied the mind and conscience of the country's cultural custodians. Among the humanities, mostly imported sciences such as psychology, which have Western origins, have been considered for localization and Islamization discussion. Based on a superficial conception, considering that the primary codes, such as the Civil Code, are adapted from jurisprudence, we are not facing the challenge of Islamization in legal science. This conception is incorrect for multiple reasons. In the field of law, we face challenges in the two domains of legislation and interpretation. In the area of legislation, one of the fundamental challenges is the existence of a vast volume of laws related to the time before the revolution in which legitimacy has not been audited, and the most important challenge is related to the interpretation system. The existence of some religious propositions and even the establishment of laws based on Islamic principles are not enough for forming Islamic legal science, and the importance lies in the viewpoint and method of interpreting and developing these propositions based on Islamic principles. In this research, we deal with the pathology and criticism of the current legal science, emphasizing civil law as one of the main branches of legal science, in the two fields of legislation and interpretation, based on the descriptive and analytical method from the perspective of Islamic jurisprudence.
Jurisprudence and Law
Mohammad Mahdi Alsharif; Seyyed Mohsen Ghaemfard
Abstract
It is easy but rigorous to compile an educational textbook. In such books, requirements of educational texts should be responded alongside matters such as the accuracy and solidity of the principles, the avoidance of inconsistencies, which are essential in the compilation of any textbook. The requirements ...
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It is easy but rigorous to compile an educational textbook. In such books, requirements of educational texts should be responded alongside matters such as the accuracy and solidity of the principles, the avoidance of inconsistencies, which are essential in the compilation of any textbook. The requirements of any educational texts are as follows: fluency, the logical order of topics, avoidance of turbulence, garrulity and hyper-brevity, considering the audience perception, using many illustrative instances, the inclusion of all significant matters and exclusion of unnecessary topics at the same time, description of key concepts and terms before applying them and motivating for deeper studies. Despite some worthy features, the book, written by Hasan Rahpeikar considered in this article, has not been successful enough in some foregoing areas. The text is not that much fluent and eloquent. The gradual order of the topics has not been held from major to minor ones. There are some necessary headlines completely missed in the text and some others, which have been briefly expressed so that it is not smooth and lucrative enough for beginner readers. The book is garbled in terms of some fundamental and substantive issues like fault and basis of civil liability. Overall, in spite of its excellency, the book is needed to be revised and edited in order to be applied as an educational textbook. Beside the revisions in the context and legal analysis, it iss required to be revised in terms of formal issues and compiling roots.
