Volume 19, Issue 66 (Summer 2014 2014)                   __Judicial Law Views __2012__, 19(__59__): __224124 | Back to browse issues page

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Fazaeli M H. Scope of Legislation and Role of Custom in Islamic law. دیدگاه‌های حقوقی. 2014; 19 (66) :99-124
URL: http://jlviews.ujsas.ac.ir/article-1-556-en.html
Judicial Sciences and Administrative Services University , fazaeli2008@yahoo.com
Abstract:   (7235 Views)
Ahl al bayt jurisprudence is a text-based collection. A text which extracted from legal resources and references with juriscosult try and innovation and indicates God's legal will. It is in the scope of methodology of Ijtihad (independent judgment) and the use of methodological reason. By arguing on several God's attributes, it answers the problems in human needs in every circumstances .As with exploitation of custom status in role of “limitative prestige”, it is a dynamic treasure and it can solve problem of time requirements. Competing views which encounter to destitution of revealed resources, has restored legal shortcomings with legitimating to custom. 

This article consider abovementioned basis of difference in philosophic and theological defaults. Since these defaults are different, we encounter to different law references.       

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Type of Study: Research | Subject: General Law
Received: 2015/02/24 | Revised: 2019/02/06 | Accepted: 2015/03/10 | Published: 2015/05/03 | ePublished: 2015/05/03

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