Unanimity and its Role in Deducting Criminal Precepts

Subject Areas : Private law

adel sarikhani ¹ , esmaeil aqghababaei ² , saeed atarzadeh ³

1 - دانشگاه قم
2 - دانشگاه تهران
3 - دانشگاه تهران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Unanimity, deduction, criminal precepts, precept reasoning,

Abstract :

Despite the Sunnites, jurists of Shiite have considered unanimity a reason due to its power of decoding the innocents saying, and therefore have counted it as a factor of tradition along with the Book and Wisdom as the ways of reaching true religious rules. The matter can decrease unanimity’s status - if ever being accepted- to a single narrator tradition and therefore can cause the invoking of such a reasoning to be confronted with some challenges, knowing for sure that the case of blood and soul are to be dealt with plenty of caution. It is tried in this article to introduce and discuss the issues based on unanimity though the criticism of invoking unanimity in deducting criminal precepts.