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

Despite the legislative accuracy in the enactment of laws, there are times when one is unable to enforce two rules of the law at the same time. In these circumstances, it is necessary to clarify which rule the individual will implement. one of the most important issues is the necessity of interpretation of laws, incongruity among the legal provisions which constitute the ambiguity in the manner of law enforcement. incongruity occurs in the implementation phase of the rule, and at this stage they are not aggregated, meaning that it cannot be done at the same time. in the present study, there are various types of incongruity and solutions to solve it with regard to whether there is preferential between the two sides. it also tries to analyze one of the examples of incongruity in criminal law, that is, multiple criminal identities, so that in material multiplicity, as the basis of the legislator is a punishment for two acts of crime, it is accepted as the basis of two offences. it is necessary to obtain a rational method in order to provide coherence within the legal system.

The moon of month has various discussions and aspects whereas the regulation of Muslim ruler، opposing the positivity of Zilhajjah moon and the evaluation of its juristic outcomes and consequences in Hajj rites is one of them. In the season of Hajj، the times of both the Woqoof are decided and declared by the regulation of Muslim ruler and Amir Alhajj whereas it is possible that in some cases the regulation of Muslim ruler may be incongruous with fact; likewise it is also possible that its incongruity with reality may be certain in some cases. In reference with the grounds and practices of Taqiyyah and some other particular traditions like in the Mu''tabirah Ibne Mughairah by Abi Jarood، obeying such the incongruous regulation is obligatory because of its being Hukm e Taklifi; whereas it is also specified as obligatory even in the case of being certain in its incongruity. However some of the jurists believe that the correctness of Hajj depends on the Woqoof e Izterari and some others believe that it depends on the practice of Heelah (tactfulness); finally practices and grounds of Taqiyyah and some other traditions like Mu''tabirah Ibne Sinan and Ibne Mughairah by Ibne Jarood implicate on the correctness and sufficiency of Hajj while in case of Taqiyyah (fearful or compromising)، the Haqeeqi Sanavi Hukm (Real Secondary Ruling) of Hajj، even in case of being certain in its incongruity، is ''correct'' and ''Ijza'' too