Theories of Sovereignty of Exoteric Will and Esoteric Will in the Iranian and Islamic Laws
Subject Areas : Philosophy
Sayyed Abolghasem Naghibi
1
(ندارد)
Keywords:
Abstract :
Formation of legal act, its constitutional elements, and damageswhich may hurt the will in its various elements of formation areamong major juristic, legal subjects one of which beingcontradiction of exoteric will to esoteric will in making a legal actwith respect to sovereignty – that is, which of them enjoyssovereignty over the other? There is a dispute among jurists andIslamic lawyers in that connection on the basis of different proofsfor and against any of those two theories. While investigatingproofs of each theory, the present essay emphasizes modification ofboth theories and declares that in cases of ignorance the exotericwill and in cases relating directly to the economical order theesoteric will should be given priority.
