جستجوی مقالات مرتبط با کلیدواژه « moqaren jurisprudence » در نشریات گروه « ادیان و عرفان »

Economic laws are a great evolution in laws of some countries including America which within them apply methods and aims that are related to economy. This legal episode utilizes concepts such as logic selection, evaluating profit and loss of legal rules and etc. with using public order economy. Exports of this branch believe that traditional laws are not flexible in contrast with economical and time conditions, but economical laws have this ability. Thus all obstacles that are in front of individual treads must remove. By examination of this point in jurisprudence and laws this result become clear that Jurisconsults of Fariqain also pay attention to this point although they didn’t pointed out to it directly. Their attempt could adapt rules of Islamic laws (Jurisprudence) with today’s life’s needs and also searching in reforming economic structure that it is practical in both devotional and non-devotional fields. Jurisconsults for reaching to this aim utilized from two principals: principal of balance that means it must be an adaption between economical tools, which Islam offers, and daily needs. Otherwise traditional mechanism must change. Another principal is general utilization which means that the ownership of natural sources is for God and must use for producing wealth and reducing class gaps. Thus relying on outsider sources for composing constitution is not suitable for a system with worldview perspective. Therefore returning to main goals of revolution including making a united legal system depending on its domestic legal system, mid using from new humanistic conditions and developments would free our regime from affiliation and translated laws of other regimes.

Repentance institution is a feature in Islamic law and from Qur’an and Sonnah’s viewpoint it is a chance for convict to regret from his/her behaviors and retrieve. Repentance means that return with regression to God and avoid from sins and not to return to that and blessing from God and try to make up his/her past. Despite divine effects of this legal institution it has mundane effects too. Because Islamic lawyers have different ideas in mundane effects so examining its functions for punishments is necessary. For this point in Islamic law there are several views: Zaheriyeh believes that convict’s repentance hasn’t had any role in mundane punishments because accepting the collapse of punishment via repentance would close divine boundaries and repentance is only a collapse for after life punishments. Moreover Hanifeh, Malekiyeh and Shafe’ee (in Adhar’s words) believe that repentance is the only punishment for crime of Mohareb with this condition that s/ he repentant before dominate of governmental power but this repentance doesn’t have any effect on other crimes that s/he may committed. Emamiyeh in their common view and also Hanabaleh and Shafei’e in one of their viewpoints believe that the repentance of convict would collapse the punishments. It seems that this view is the innovation of Islamic law punishment in 1392 that is mostly favorable with philosophy of reformingtraining punishments.