The positive value of the UAE in the science of principles and its function in jurisprudence and subject law
Subject Areas : فصلنامه مطالعات میان رشته ای فقهzahra sadatahrafe 1 , Hadi Azimi Garkani 2
1 - Senior Expert in Theology, Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Central Tehran Branch
2 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Azad University, Central Tehran Branch
Keywords: Islamic jurisprudence, Keywords : Presumption, Religious laws, Islamic laws, Sects,
Abstract :
Abstract :Presumption is the way to real religious law that is an invented real religious law for inventor. In other words, as presumption is caused mistrust, Jurisprudence considers it as valid, namely, news. In fact, methodology is one of the religious laws that proves religious laws in which unveiling of the truth is considered, such as trust and bayyene news and so on. Then, presumption does not include theology but it is contrary to theology, since theology is valid until presumption is not available or else it is unnecessary. As it is important to investigate presumption in jurisprudence and Islamic point of view, this study has conducted to investigate presumption probative value of methodology and its performance on jurisprudence and positive laws. This study was functional and analytical-descriptive. Considering the obtained results showed that : triple theories are based on theories on invented presumption and in jurisprudence it is in various views elements in considering the elements or not. In jurisprudence, presumption is classified according to proved causes, but the main difference is that it does not reach to reality directly. Then, sanity inferring in extracting the condition is considerable, then it can be said, every which is considered as causes, and reality is the sanity inferring from conditions and it is not the intended condition.Keywords : Presumption, Religious laws, Islamic laws , Islamic jurisprudence, Islamic laws, Sects.
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