Studying the Feasibility of Extending the Legal Titles in Imamyeh Jurisprudence to Include Ethics Functions

Subject Areas : Journal of Law and Politics

Mahdeyeh  Hajaliakbar ¹ (PhD Student in Jurisprudence and Fundamentals of Law and Thought of Imam Khomeini, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Email: [e-mail])
ebrahim  yaghouti ² (Associate Professor, Department of Islamic Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Author): [e-mail])
Zahra  Fehresti ³ (Assistant Professor, Department of Islamic Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. [e-mail])

Received: 2021-10-06 Accepted : 2021-11-26 Published : 2022-03-21

Keywords: Keywords: ethics, substantive law, good ethics, Imamyeh jurisprudence, Constitution,

Abstract :

AbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts.