جستجوی مقالات مرتبط با کلیدواژه « نص گرایی » در نشریات گروه « فقه و حقوق »

Simply speaking legislative history is the history with regard passage of a particular legislation. It includes: the government's statement of reasons for a bill and the legislative antecedents statutory provision under consideration; pre parliamentary materials relating to the or the statute in which it is contained, such as reports of and commissions reviewing the existing law and recommending and; parliamentary materials such as the floor debates in the legislature. In our legal system, the validity of the legislative history in legal interpretation is somehow considered as unquestionable presupposition. Therefore, the institutions responsible for interpretation, including the Council of Guardian, feel committed to it. Despite the role of legislative history in legal interpretations, its nature, types and criteria are unclear and unresolved. In this article, I first provide a precise definition of legislative history and its types, and then try to convince you that any reference to legislative history in interpretations is misleading. For, first, there is no such thing as the intention of the legislature to make legislative history a means of collecting it; Secondly, assuming the existence of the intention of the legislator, such a thing is not accessible to the interpreter, and thirdly, assuming that it is accessible, the search of the intention of the legislator through the legislative history has no unconstitutional.

How do new technologies affect the way we interpret legal texts? This is, on its face, an enormous question. Technology and science are ever-expanding in a rapid pace but, legislatures are often one step behind. This fact raises an important question: How do emerging developments in science and technology affect the way we interpret legal texts? One could fill many volumes in an effort to engage this issue in a serious way. But we can also learn a great deal about the larger subject by asking a more modest question: Can general old terms cover emerging developments that did not exist before? In this article, we, firstly, show applying general terms to emerging developments is an accepted method in Imami jurisprudence and American law. Secondly, a distinction must be made between emerging developments that could not have been dreamed of before or seemed impossible and emerging developments that could have been anticipated by an ordinary man.

The school of separation is a new school. It is considered by some scholars to be the continuation of “Learning School of Khorasan” or “Learning school of Ahl-ul-Bayt (AS)”, which began at the time of Mirza Mahdi Gharavi Isfahani, but not a new school. It is based on the idea of introducing the Holy Quran and the Sunnah as the only sources of knowledge. The school of separation is considered by the opponents as the new variation of traditionalism, because its emphasis on citation to the appearance of the Holy Quran and the Sunnah as the only sources of knowledge reminds of the promotion of externalism. There are two basic differences between two schools of separation and traditionalism. First, the separation school, contrary to traditionalism, accepts the function of wisdom in some stages. Second, it does not deny ijtihad and principles of Islamic jurisprudence (Osul) as traditionalism does, even if they result in the limitation and weakening of the principles of Islamic jurisprudence. However, the most common undeniable characteristic of these two schools is textualism and their emphasis on the citation to the appearance of the verses of the Holy Qurans and Islamic traditions.

To fulfill its mission, Shiite jurisprudence has undergone certain stages ofdevelopment according to the spatio – temporal requirements. So it has had itsown features in every age. One of these stages is the brilliant age of Baghdadschool during which prominent scholars such as Shaykh Mufid, SayyidMurtada, and Shaykh Tusi founded a new school. Establishing this schoolbased on the great sources of the Quran and the Sunna, they also introducedintellectual method in the field of jurisprudential studies with a specialprudence and applying new approaches.Venerating the former generation of jurisprudents adherent to textualproofs and commemorating their sincere efforts in safeguarding the precioussource of “texts”, they analyzed the former approaches and founded a newschool. The present article seeks to survey the process of institutionalizing“reason” in the methodology of jurisprudence by Shiite jurisprudents.