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

Each special phenomenon requires its own jurisprudential rules. With the completion of religion, new narrative premises are not issued in Shari'a, however, in order to determine the jurisprudential ruling of new phenomena, religious scholars must place it in the subject of one of the Shari'a cases and then face the question of whether they can relay on the application or generality of the subject of ruling of that jurisprudential premise. Also, the question that must be answered before is what is the criterion of the novelty of the phenomenon and the emergence of the feature?In this article, which is a library in terms of data collection and a descriptive analytic in terms of method and developing in terms of purpose, two types of emerging issues are introduced. In the first place, the new phenomenon is such that it makes the implementation of at least one of the religious cases difficult. Secondly, when corresponding the tittle of the subject of the Shari'a case on a new phenomenon, we encounter the problem that the correspondence of the Shari'a issue on the new phenomenon is doubtful and sometimes the character or activity of the phenomenon is new despite its correspondence on the new phenomenon and sometimes new phenomenon appears in the religious subject. Reliance on these species is definitely faced with theoretical forms of the feature and follows the ruling expressed in this article.

The fact that the generalities and absolutes of the Quran and Sunnah are the primary sources in inferencing jurisprudential matters is a unanimously agreed-upon principle among jurists. However, resorting to generalities and absolutes in addressing the newly emerged issues faces some challenges, as they have been used in the early days of Islam when today’s topics were either very different or never existed at all. Therefore, as there is no agreement on whether those words that have been articulated in proportionate to the conventions of that time are inclusive of today’s problems or not, and taking into account the fact that their inclusiveness concerning contemporary examples has, in some cases, even been denied, the issue needs to be studied methodicallyaccording to Fiqh and Usul. This article, thus, set out to examine the challenges and obstacles of using generalities and absolutes for resolving new issues. Providing and analyzing fourteen examples of the existing or discussible obstacles in making use of legal generalities and absolutes is the achievement of this study. Keywords: Generalities, Absolutes, New Issues, Absoluteness, Generality, Obstacles of inclusiveness.

The function of Generalities and Absolutes of the Qur’an and the Sunna in resolving jurisprudential matters is among the common principles used by the jurists. However, the method of applying them with the new issues and conditions of their usage is among the high demand topics within the modern jurisprudence matters. This article is responsible to elucidate a primary step in using the Generalities and the Absolutes in resolving new issues; meaning learning various types of the Generalities and the Absolutes completely when faced with new issues and the method of using them in various situations. The innovation of this article, aside from using two methods of rational and common knowledge, is providing all of the various forms of the Generalities and the Absolutes in regards to the new issues within a logical structure along with proper method to apply in every case.

One of the issues raised by constitutional jurists, and scientific circles is the question of the generality and jurisdiction? of the constitutional legislator, so that some people, relying on certain principles, believe in the limitation of the functions duties and jurisdiction of the cases considered by law; therefore, they reject the idea of generality of guardianship, where as some others believe in the generality of guardianship and inclination of the institution of the supreme leader to solve the problems and further the interests of society. This study evaluates the arguments of both parties by checking the fiqh-legal issue and expounds the held view. The hypothesis is that the constitution legislator holds that the plan and approval of the generality of guardianship are based on its ancient fiqh origin and, has acted with caution and intelligence and given special attention to national sovereignty in this respect.

The Holy Qur'an and the reported religious traditions from Infallible Imams is full of words that emphasize and encourage the people to observe the religious obligation of the Calling the people to the goods and preventing the people from evils. Some conditions have been stipulated for the necessity of this ruling in the words of the jurisprudents. One of them which is a matter of controversy is that whether the possibility of effect is a conditional or unconditional clause. Some of the jurisprudents believe that it is absolutely evil, some others believe that it is conditional at the verbal and practical stage. A group of them holds that it is unconditional. The present research, analyzing the Holy verses of the Qur'an and considering the generalities of the verses on the one hand and the weakness of the isnad and inadequate evidences for the validity of the above-mentioned condition on the other hand and after evaluating other evidences concludes that it must be fulfilled even if it doesn’t effect. Therefore, the third view is approved and even considering the extent of the impact, whether overall or partial, it becomes obvious that the ruling of the conditionality of the possibility of effect is a baseless and unreasonable verdict and the dispute over this matter will be fruitless and impractical.

Practice of constitutional law considered one of the most important fields for completion and removal of extant gaps in written constitutions, and despite some initial oppositions, today, there’s no doubt regarding the role and position of its effective index. Important dimensions of practices of constitutional law subordinate to the general theory of the governor on the function of the legal norm, and among evidences supporting this, we can refer to the jointly played role of material and spiritual elements in itsdevelopment and effectiveness. The degree of effectiveness of constitutional law and its approximate effect on the available legal texts, has laid the ground for the presentation of a well-known division of this concept by which the three functions of practice, namely interpretive, complementary, and modulatory practice have become distinct from each other. In the meantime, according to some similarities among development process and effectiveness of judicial procedures and practice of constitutional law, these similarities can be considered as the theoretical bases of the jurisdiction development of constitution courts and a key factor for paving the way for the more effective fulfilment of the role of these courts.

This article tries to prove that dominant decision in Imamia jury''s consults is based on ýthe Legitimation of Infant Worship. The fixation with the juridical recommendation ýfor these ownerships is acceptable; because:1- Generality and absolution of ýobligations consists adults.
2- Generality and absolution of non-obligations and other ýevidences imply that Infant Worship is a juridical subject and has its Legitimation ýand recommendation.
3- Some narrations imply to the Legitimation and ýrecommendation of Infant Worship and special discuss about the infant.
4- Accepting ýinfant worship and its legitimation is according to rule of Loft and accepted by ýcommon sense.
5- Some Legal Affairs of infant such as charitable gift, ýdonation, endowment and … is correct and according to the evidences infant worship ýis accepted and has legitimationý.

Evaluation of the advantages and weaknesses of Principles of Transnational Civil Procedure, the joint work of the Institute of American Law and the Institute of Unification of Private Law is the main subject of this article. The innovations of these Principles such as the cooperation theory, the distinction between the “Principles” and the “Rules”, the reasonable speed in addressing the case, providing some reliable sanctions for the behavior of the parties, providing an obligation for the court to encourage the parties towards settlement and compromise, a fluent text regarding the Principles in English and French, and some other linguistic achievement are very significant in authors point of view. In the other side, for introducing their probable weakness, the authors have emphasized to some monopolization in scope of study, the repetition of concepts and regulations, excessive insist to evidences, lack of generality in some Principles, using almost vague terminology in some Principles and lack of harmony between the English and French in versions of the Principles.