Verbal Principles of Osoul Fiqh and its Effect on Making Judicial Justice in Civil Judgment
Subject Areas : Private lawحمید بهرامیان 1 * , مصطفی رجایی پور 2 , حسین احمری 3
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Abstract :
The knowledge of jurisprudence and jurisprudential principles are two fundamental sources of knowledge in the deduction of Islamic Law through which each jurisprudential researcher must stick to their research. Analysis of the issues under discussion in the realm of these two sets of knowledge convinces us that most of these issues are not merely restricted to jurisprudential discretion but produce data and lead to intellectual methods that supply the truthfulness of any kind of deduction, especially from the written texts. In the legislative system of Islamic Republic of Iran which is based on Islamic Laws, familiarity with the deduction method and confrontation with texts from the viewpoint of Muslim jurists is an undeniable need. The two fields of knowledge are fundamentally important in drawing inference from positive laws as well as legislative approach in the Islamic Republic of Iran. However, they have not been addressed in national jurisdiction system as they should have been. The present study is aimed to make the significance of the issue clear in making a juridical fair judgment.