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1 - Analysis of the application of analogy in deriving legal jurisprudential rulings from the Imams and Shafi'is
Ali saremi Jalal jalalizadeh Naser marivani
10.30495/jijl.2022.47050.1262

The analogy of the transmission of a sentence from the main to the secondary is due to the existence of a similar cause between them. The prevailing belief is that Imami jurists have not accepted analogy and this negative approach has been going on for a long time. Imam More

The analogy of the transmission of a sentence from the main to the secondary is due to the existence of a similar cause between them. The prevailing belief is that Imami jurists have not accepted analogy and this negative approach has been going on for a long time. Imami jurists have been skeptical about the application of analogy in all religious matters, but in jurisprudential and legal rulings, they have used the analogy of Mansoos al-Ala and the analogy of priority. And they have used it under other titles, such as denouncing the manats, but they have not accepted the analogy attributed to God. Shafi'i jurists, in the absence of a jurisprudential ruling in the Qur'an, Sunnah or consensus, have considered analogy as a reason for inferring and issuing jurisprudential rulings. And they consider it a religious necessity for issuing fatwas and legislation and one of the ways of recognizing and expressing rulings.In this research, the authority of analogy and the application of analogy attributed to Imamiyya and Shafi'i have been studied. Shafi'i because of the perception of the causes of the rulings in the rulings of jurisprudence and law with regard to their humanity, Also due to the impossibility of accessing the real reasons of all the verdicts, And the emergence of many new issues, the use of analogy is allowed. The Imams have accepted the issuance of jurisprudential rulings based on the revision of manat and rational implications. Both of these are functions of the intellect and therefore are very similar to the analogous analogy of Shafi'i. And in practice, there are many deductive rulings in the books of Imami jurisprudence which have been issued based on the analogy of the deduced analogy. Manuscript profile
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2 - Intoxication and It's Effect on the Intoxicated's Conducts Rules in Islamic Jurisprudence
Jalal Alavi Naser Marivani

In Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequi More

In Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequired; and by comparison of asleep, neglegant and mad, agreewith not giving obligation to drunk acts and especially according tokhitab al-waz` view, by analysis problem to causation, intoxicatedshould be responsible for the results of their deeds and wards.Majority of jurists by refereeing to rules such as" al-aimtnae` bilakhtyarla yanafai al-akhtyar" related to delibratly drunk, say thatintoxication cann't be an abstacle to giving obligation and drunk andsober are equal in giving obligation. Deliberated drunk is someonewho without having one of the legal excuses such as reluctance,necessity, ignorance; deliberately drink with awareness.From the view point of majority jurists, such person for havingfreewill and awareness in becoming intoxication and also forcommitting legal prohibition, would be recompand to punishmentand results of his/her acts. Opposed to, undelibrated drunk whohis/her intoxication is allowable and it is legal excuses. Such person People healthy and their lineage pure and original. In this case,Iranian and Egyptian legislators by counting some of the instancesof permenant prohibition of marriage in law text, have beenemphasized on it. Manuscript profile

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