Jurisprudential analysis of the relationship between right and ruling
There is a difference of opinion about the nature of the right and ruling. Some have defined the right as domination, some have defined it as a type of property, and some have defined it as a special credit. This disorder has caused that there is a difference of opinion in determining the examples a...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2025-01-01
|
| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_8043_2f08d5ba1ede5692b4607ed20ebf195f.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850279940432330752 |
|---|---|
| author | Mohamadbagher amerinia Abasali Farahati |
| author_facet | Mohamadbagher amerinia Abasali Farahati |
| author_sort | Mohamadbagher amerinia |
| collection | DOAJ |
| description | There is a difference of opinion about the nature of the right and ruling. Some have defined the right as domination, some have defined it as a type of property, and some have defined it as a special credit. This disorder has caused that there is a difference of opinion in determining the examples and recognizing the right from the verdict. In the famous view, whatever has the ability to be revoked or transferred is a right, and whatever lacks these three characteristics is a ruling. In spite of its reputation, this criterion requires vicious circle. This means that everything that can be revoked and transferred is considered a right, then the question arises as to what can be revoked or transferred. As when we say in the definition of the sentence; Ruling is something that cannot be revoked or transferred, the question comes to mind as to what cannot be revoked or transferred. Perhaps it can be said that a better criterion for identifying the right and ruling is to say that whatever is contrary to the public order from the point of view of jurisprudential and legal foundations will be a ruling and its opposite will be an example of right. Another issue that is important in the discussion of right and ruling is cases of doubt, that is, cases where there is doubt between whether they are right or ruling. In such cases, various solutions have been presented; Some people consider it preferable to be "right", while they consider being "ruling" as requiring a reason, and others the opposite, but it seems that in these cases, it is necessary to refer to other rules and principles, including practical principles, depending on the case. |
| format | Article |
| id | doaj-art-227cf76094ae4d9da518cfd97be92bd2 |
| institution | OA Journals |
| issn | 2008-7012 2717-0330 |
| language | fas |
| publishDate | 2025-01-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj-art-227cf76094ae4d9da518cfd97be92bd22025-08-20T01:48:57ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302025-01-01163717319810.22075/feqh.2023.30281.35658043Jurisprudential analysis of the relationship between right and rulingMohamadbagher amerinia0Abasali Farahati1Associate Professor, Department of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran (Corresponding Author)Assistant Professor, Faculty of Literature and Foreign Languages, Kashan University, Kashan, IranThere is a difference of opinion about the nature of the right and ruling. Some have defined the right as domination, some have defined it as a type of property, and some have defined it as a special credit. This disorder has caused that there is a difference of opinion in determining the examples and recognizing the right from the verdict. In the famous view, whatever has the ability to be revoked or transferred is a right, and whatever lacks these three characteristics is a ruling. In spite of its reputation, this criterion requires vicious circle. This means that everything that can be revoked and transferred is considered a right, then the question arises as to what can be revoked or transferred. As when we say in the definition of the sentence; Ruling is something that cannot be revoked or transferred, the question comes to mind as to what cannot be revoked or transferred. Perhaps it can be said that a better criterion for identifying the right and ruling is to say that whatever is contrary to the public order from the point of view of jurisprudential and legal foundations will be a ruling and its opposite will be an example of right. Another issue that is important in the discussion of right and ruling is cases of doubt, that is, cases where there is doubt between whether they are right or ruling. In such cases, various solutions have been presented; Some people consider it preferable to be "right", while they consider being "ruling" as requiring a reason, and others the opposite, but it seems that in these cases, it is necessary to refer to other rules and principles, including practical principles, depending on the case.https://feqh.semnan.ac.ir/article_8043_2f08d5ba1ede5692b4607ed20ebf195f.pdfrightjudgmentrecognitionrevocabilitytransferabilitypublic order |
| spellingShingle | Mohamadbagher amerinia Abasali Farahati Jurisprudential analysis of the relationship between right and ruling مطالعات فقه و حقوق اسلامی right judgment recognition revocability transferability public order |
| title | Jurisprudential analysis of the relationship between right and ruling |
| title_full | Jurisprudential analysis of the relationship between right and ruling |
| title_fullStr | Jurisprudential analysis of the relationship between right and ruling |
| title_full_unstemmed | Jurisprudential analysis of the relationship between right and ruling |
| title_short | Jurisprudential analysis of the relationship between right and ruling |
| title_sort | jurisprudential analysis of the relationship between right and ruling |
| topic | right judgment recognition revocability transferability public order |
| url | https://feqh.semnan.ac.ir/article_8043_2f08d5ba1ede5692b4607ed20ebf195f.pdf |
| work_keys_str_mv | AT mohamadbagheramerinia jurisprudentialanalysisoftherelationshipbetweenrightandruling AT abasalifarahati jurisprudentialanalysisoftherelationshipbetweenrightandruling |