the measure of relationship of numerous provincial system in Emamieh jurisprudence with the international legal system

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

مهدیه za ¹ , heidary heidary ² , بب بب ³

1 - واحد تهران مرکز ی
2 - قم
3 - واحد تهران مرکزی

Received: 2021-10-27 Accepted : 2022-01-25 Published : 2022-02-20

Keywords: Conflict, Plurality of Authority System, Faghih Authority, Intervene,

Abstract :

Accepting that a jurist authority can intervene in issues associated with his boundary of authority on the bases of evidences, the question raised is that how the conflict of Imamiyeh jurisprudence with international legal system for a charged follower (of jurisprudence) can be explained and investigated. Adopting a descriptive-analytic approach, the current research is intended to investigate the relationship between the Imamiyeh jurisprudence and legal international system on one hand and the commandment of the jurist for a charged follower in his boundary of authority on the other. After analyzing the data, it was concluded that the primary duty of a charged follower is to refer to a qualified jurist authority while the duty of the jurist itself is the establishment of an Islamic state. Thus, considering the international rules and regulations, the strategy of the plurality of the jurist’s authority system for a qualified jurist in his own geographical boundary is closest to the correct. In this way, not only the commandment of a jurist authority do not intervene for a dutiful follower but also the conflict between Imamiyeh jurisprudence and international legal system is far from conflict.