The Problem of the Jurisprudential Text on the Legal Principles- A Theoretical and Applied Study
DOI:
https://doi.org/10.61212/jsd/298Keywords:
historical intertextuality, ; Jurisprudence, Legal, Principles, ProblemAbstract
Enter your abstract here (an abstract is a brief, More importantly comprehensive summary of the contents of the article). Enter your abstract here (an abstract is a brief, More importantly comprehensive summary of the contents of the article).
This research is aimed at studying the reasons of problem of the jurisprudential text on the legal principles, considering the jurisprudential text as an important source of Islamic legislation; It represents the legal judgments that are derived from it and it is the evidence for these judgments.
The research has attained a set of results and recommendations. The most prominent of these results is misunderstanding the causes of the problems due to the lack of complete evidence and its verification, and the necessity of expanding scientific researches in jurisprudential problems and deepening the study of jurisprudential principles and removing the problems of them in a way that brings contentment among people regarding legal fatwas, and that understanding the text which is out of the objectives often leads to make an error in knowing the legislator’s intention and consequently results an error of making legal judgment.
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