The concept of "proportionality between the verdict and the charge", which is of the exegetical methods of religious texts with an extensional approach to the subject-matter, manifests a relationship which helps the jurist achieve a verdict proportional to the cha More
The concept of "proportionality between the verdict and the charge", which is of the exegetical methods of religious texts with an extensional approach to the subject-matter, manifests a relationship which helps the jurist achieve a verdict proportional to the charge, based on a social conception and a customary viewpoint, approved by the legislator, leading to a novel manifestation of the texts. The proportionality between the verdict and the charge, though not an independent reason itself, will result in this manifestation, i.e. it can be regarded as essential indications leading to the manifestation of the reason. In theologians' explanations, this concept which is regarded as the main method of the expurgation of the criterion and abolition of particularity in achieving the real subject-matter of religious injunctions, is a proof on the basis of the expurgation of the customary practice of law. This research aims to assess the dimensions and viewpoints of the proportionality between the verdict and its efficiency in different theological concepts and its function in the knowledge of jurisprudential principles. It will also shed light on the proportionality between the verdict and the charge has an effective role in the interpretation of judgments.
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Abstract:Rethinking the nature of the requirement of weapons is one of the most basic conditions for the realization of war, according to Mahesh, it is an inevitable necessity. What is meant by weapon? And what are its variables? It is a question that the present resear More
Abstract:Rethinking the nature of the requirement of weapons is one of the most basic conditions for the realization of war, according to Mahesh, it is an inevitable necessity. What is meant by weapon? And what are its variables? It is a question that the present research tries to answer by descriptive and comparative analytical method. There is a difference of opinion among them in exploring the sayings of jurists. Some fatwas do not consider the publication of the weapon as a condition, and some believe that following the Qur'an, the use of the weapon and even the akhafa are not included in the title of Muharibeh. Some have considered carrying weapons or equipping them as part of war; As mentioned in Jawahar and Tahrir al-Wasilah. Some fatwas are clear about the application, and the absence of the condition of carrying weapons, but the sufficiency of just using force. The statement about the truth of the weapon, and the lack of difference between the tools, is up to others. As a result of the research, it was found that the weapon has a general concept. It is not limited to a specific type. The fact is that the weapon is always changing and perfecting according to the change of time and place. The criterion for its recognition is the truth of custom and prevailing conditions. The meaning of weapon is anything that can cause public fear. However, public awareness is important in any way it can be.
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It is possible to accept pecuniary penalty legitimacy according to "Mansoseh Reasoning", authorization of pecuniary punishment based on governor's viewpoint and secondary precepts citation. With regard to the previous jurists' viewpoints, these punishments are illegal b More
It is possible to accept pecuniary penalty legitimacy according to "Mansoseh Reasoning", authorization of pecuniary punishment based on governor's viewpoint and secondary precepts citation. With regard to the previous jurists' viewpoints, these punishments are illegal but contemporary jurists tend to account them legal. The most important reason is the establishment of Shiite government that caused to review judicial resources. The reason of who accepted pecuniary punishment as illegal is controversial. Furthermore, authorization of financial punishment can be proved by secondary precepts.
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One of the most utilizations of inference tools of Orders in Islamic jurisprudence and law is to obtain the indication of word against generalization by wisdom rudiments. The current article reviews different aspects of that issue. Accordingly, the principal theor More
One of the most utilizations of inference tools of Orders in Islamic jurisprudence and law is to obtain the indication of word against generalization by wisdom rudiments. The current article reviews different aspects of that issue. Accordingly, the principal theories about the status of absolute words are reviewed and criticized. Between words of past and last people, five prefaces is obtained such as the whole aspiration form, asymmetry against encumbrance, lack of encumbrance value in terms of addressee, possibility of generalization and encumbrance and lack of refusal. Then each of mentioned prefaces was discussed according to the purpose of that preface, reliability of priority and the way of obtaining that. Finally by reviewing the theories and opinions of principles and their documentary proofs, it was ascertained that absolute indication is rational. So common symmetry or wisdom has just one condition, that is the speaker be in the form of expressing all his/her purpose and for the obtaining this preface, the use of rational principle of original expression is applicable.
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ABSTRACT The geopedological method is one of the systematic methods for analyzing geomorphic surfaces in soil mapping in which field work is mainly based on work in the sample area. This research intended to investigate the degree of validity generaliz More
ABSTRACT The geopedological method is one of the systematic methods for analyzing geomorphic surfaces in soil mapping in which field work is mainly based on work in the sample area. This research intended to investigate the degree of validity generalization of results obtained in the geopedological method for similar landforms in the Miyaneh region of East Azarbaijan Province. For this purpose, soil diversity study was conducted through measuring it in a hierarchical sequence in USDA soil taxonomy levels and by comparing similar units in the geopedological method through employing diversity and similarity indices. After preparing the initial interpretative map (based on aerial photographs) at a scale of 1:20000, the HPu211 unit that covered the greatest delineation of study area was selected and 15 soil profiles, about 150 meters apart, were excavated, described, and sampled in this unit. The degree of validity generalization of geopedological results for the mentioned unit was determined by digging nine other soil profiles in a similar unit, called the generalization area, which was located outside of the sample area. Results indicated the value of Shannon’s diversity index increased from the level of soil order to soil family in both the sample and the generalization areas; however, only at the soil family level were there significant differences between soil diversity in the two areas at the confidence level of 95%. Even by changing the understanding level, and through concentrating on the sequence of genetic horizons in the excavated profiles in the sample and generalization areas, increased soil diversity in the soil taxonomic hierarchy was proved. Therefore, it is recommended that landform phases be used, and soil family phase and/or soil series phase be determined for each landform phase, to increase the accuracy of the geopedological method.
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Geopedology allows a systematic approach in geomorphic analysis for soil mapping that extrapolates the results obtained in sample areas up to similar units in the field operations. Due to the unknown accuracy of the maps created by geopedologiy approach in the lar More
Geopedology allows a systematic approach in geomorphic analysis for soil mapping that extrapolates the results obtained in sample areas up to similar units in the field operations. Due to the unknown accuracy of the maps created by geopedologiy approach in the large scales, this paper examines the location of sample area in order to determine the amount of credibility for generalization of geopedological approach results for similar landforms in Miyaneh region, Azarbayejan­-­e­-­Sharghi province. After the initial interpretation of the study area on aerial photos with scale of 1:20000, a geomorphic unit that encompassed the maximum surface of the sample area (and also the study area namely Pi122) was selected and was surveyed. The sample area was designed in three different locations and five soil profile intervals of approximately 150 m in this unit (a total of 15 profiles), were excavated, described and sampled. The credibility of generalization for geopedological approach results for the studied unit was tested by comparison with three profiles in a similar unit (a total of nine profiles) outside the sample area, named the validation area. This soil map completed in the framework of second-order soil surveys. The results showed that change of sample area location resulted in differences in taxonomic levels (order, subgroup, and soil family) and map unit types (complex and consociation) for HPu211 unit. Therefore, in order to increase the accuracy of the geopedological results, the use of landform phases and also phases of soil families and­/or series for each landform phases is recommended.
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