Status of Common Sense in Law With Special Reference to Imam Khomeini's Viewpoints

Human social life has always been accompanied with certain rights that are binding for all of them and before these rights were legislated as law, they prevailed in the form of common sense and habit. This shows the long record of presence of common sense in legal discussions and also underlines its significance. What is recognized in mind and the wise people accept and also what is the habit of all or majority of the people of one place or community in their talks or behavior to the extent that it becomes binding, is known as common sense. Common sense is among the significant issues of law and plays a crucial role in legal and jurisprudential interpretations and readings. The present paper is an attempt to study the status of common sense in law, particularly in the viewpoint of Imam Khomeini. The hypothesis of the present paper is that common sense is one of the sources of law and plays an important role in legal and jurisprudential solutions of new problems.