Examining the place of analogy in Islamic law Imam Khomeini

Subject Areas :

mahmood haghbejaneb ¹ , ahmadreza tavakoli ² , mohamadali heidari ³

1 - Department of Islamic Theology and Jurisprudence (Jurisprudence and Principles of Law), Najafabad Branch, Islamic Azad University, Najafabad Iran
2 - AAssistant Professor of Islamic Law and Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
3 - AAssistant Professor of Islamic Law and Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran

Received: 2018-11-19 Accepted : 2019-08-02 Published : 2019-08-23

Keywords: Analogy, Imamieh, public view, application of reason,

Abstract :

1004/5000In this research, two main approaches to legitimizing the use of analogy in deducing and extracting Islamic law are among the following: one who believes that analogy leads to the formulation of laws and rules that are not like the Qur'an or other writings; the group Another is the Imam, who has a different approach to the public, and considers the use of analogy to design new Islamic laws inadequate and incorrect and has replaced other methods. However, in this research, it became clear that the Shi'ites were also used in many cases, and they are used as analogy to the rule of man, the precedence and parity analysis of domains and criteria. There are many examples in Iran's current law in which analogies have been used to derive laws. In this way, it can be seen that, contrary to the theoretical differences, there is a great deal of similarity in the extraction of laws by the analogy between the two groups of the public and the Imamiyah. This research is a vindication of the studies and views that have already been rejected by the Shi'a in their use of analogies, and they disagree with the fundamental analogy for the inference of Islamic law and laws.