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      • Open Access Article

        1 - Conception and Elements of Islamic Rule in Comparison with Legal Rule
        Jalil Omidi
        Rule is a proposition having a general subject and a provision that it rules all of its applied meaning. As a general state, rule is dividable to three types: rational, natural and enacted rule. As a category of the enacted rule, the Islamic rule is a general propositio More
        Rule is a proposition having a general subject and a provision that it rules all of its applied meaning. As a general state, rule is dividable to three types: rational, natural and enacted rule. As a category of the enacted rule, the Islamic rule is a general proposition that has been extracted from Al-Shara, containing a provision governing the people behaviors and factual happenings. This rule is basically divided to principle and jurisprudential rule. Islamic rule has three elements: Subject, provision and attribution. Subject is both of fully responsible person and his/her act; provision is the legal description of behaviors and what has named causation condition, hindrance (al-sabab, al-shart, al-manea ) and validity or nullity ( al-sehhah or al-botlan). Finally attribution   is a relation between the subject and the provision. Islamic rule has the same qualities as legal rules. Such as: generality, compulsory and having sanctioned. However, there is some deference between these two rules in regard to their sanctions and scope of jurisdiction. Manuscript profile
      • Open Access Article

        2 - Islamic Jurisprudence from Free Ijtihad to Scholastic Ijtihad
        Jalil Omidi
        Ijtihad as a meditation in sources and purposes of Islam to obtain an opinion for unknown cases has been regarded as a collective duty. This historical obligation has been performanced in various methods during the Islamic history. Before the establishment of jurisprude More
        Ijtihad as a meditation in sources and purposes of Islam to obtain an opinion for unknown cases has been regarded as a collective duty. This historical obligation has been performanced in various methods during the Islamic history. Before the establishment of jurisprudence schools, free or independed Ijtihad was the current paradigm; however after that period the depended Ijtihad and bounding over the rules and methods of the great former jurists (faghih)was accepted and followed as common or standard methods. Scholastic jurists that have been divided to: absolute, exegesis and preference mujtahid, have the same knowledge that the establishers of the schools have. In spite of this they were bounding over the former leader’s rules, principles and methods in their meditation or exposition. Passing the Jurisprudence from period to other has not created any interruption in its historical process. Therefore matters such as jurists imitating, closeness of ijtihad and absence of jurists in an age was not happened at all. Manuscript profile