The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body
Fatwās are based on titles and topics. Although the customary attribute (conventionary) prevails over jurisprudential issues; but there are many ways to identify issues, and some issues are based on rational principles, reasoning, analysis, experience, and referring to expert opinions belong to fatw...
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| Format: | Article |
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Razavi University of Islamic Sciences
2021-06-01
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| Series: | آموزههای فلسفه اسلامي |
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| Online Access: | https://ipd.razavi.ac.ir/article_1060_1413d0493baa422f98ca430ce6082715.pdf |
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| author | Gholam Ali Moghadam Muhammad Mahdi Yazdani Kamarzard |
| author_facet | Gholam Ali Moghadam Muhammad Mahdi Yazdani Kamarzard |
| author_sort | Gholam Ali Moghadam |
| collection | DOAJ |
| description | Fatwās are based on titles and topics. Although the customary attribute (conventionary) prevails over jurisprudential issues; but there are many ways to identify issues, and some issues are based on rational principles, reasoning, analysis, experience, and referring to expert opinions belong to fatwā. The jurist thinks and deduces based on his intellectual foundations, and the philosopher jurist must rule on real subjects based on his foundations in theology, cosmology, or anthropology. Body, limbs and external powers based on the unity of soul and the body that the jurists following the transcendent wisdom are required to do are considered as the hierarchy of the truth of the soul and they are united with it in terms of existence and the body is the appearance of the soul in a natural order (degree), and the ruling of not dominating over the souls will spread to it. Now the question is whether the acceptance of this basis will affect the jurisprudential fatwā related to the issue? In this article, with analytical-example (extensional) method, it is shown how the basis of the unity of soul and body in Islamic wisdom in the jurisprudential issue of soul monarchy has an effect on the body and its subdivisions (extensional, branches) such as amputation, transfer, donation, deprivation of life, etc., and can be considered a new argument for denying domination to members. |
| format | Article |
| id | doaj-art-d45ec2d264ff4393b1f408317acef5e3 |
| institution | DOAJ |
| issn | 2251-9386 2783-4026 |
| language | fas |
| publishDate | 2021-06-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فلسفه اسلامي |
| spelling | doaj-art-d45ec2d264ff4393b1f408317acef5e32025-08-20T02:46:39ZfasRazavi University of Islamic Sciencesآموزههای فلسفه اسلامي2251-93862783-40262021-06-01162823725810.30513/ipd.2020.10601060The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the BodyGholam Ali Moghadam0Muhammad Mahdi Yazdani Kamarzard1Assistant professor at Razavi UniversityAssistant professor at Razavi UniversityFatwās are based on titles and topics. Although the customary attribute (conventionary) prevails over jurisprudential issues; but there are many ways to identify issues, and some issues are based on rational principles, reasoning, analysis, experience, and referring to expert opinions belong to fatwā. The jurist thinks and deduces based on his intellectual foundations, and the philosopher jurist must rule on real subjects based on his foundations in theology, cosmology, or anthropology. Body, limbs and external powers based on the unity of soul and the body that the jurists following the transcendent wisdom are required to do are considered as the hierarchy of the truth of the soul and they are united with it in terms of existence and the body is the appearance of the soul in a natural order (degree), and the ruling of not dominating over the souls will spread to it. Now the question is whether the acceptance of this basis will affect the jurisprudential fatwā related to the issue? In this article, with analytical-example (extensional) method, it is shown how the basis of the unity of soul and body in Islamic wisdom in the jurisprudential issue of soul monarchy has an effect on the body and its subdivisions (extensional, branches) such as amputation, transfer, donation, deprivation of life, etc., and can be considered a new argument for denying domination to members.https://ipd.razavi.ac.ir/article_1060_1413d0493baa422f98ca430ce6082715.pdfislamic philosophyrelationship between soul and bodyunity of soul and bodydomination over membersphilosophy of jurisprudence |
| spellingShingle | Gholam Ali Moghadam Muhammad Mahdi Yazdani Kamarzard The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body آموزههای فلسفه اسلامي islamic philosophy relationship between soul and body unity of soul and body domination over members philosophy of jurisprudence |
| title | The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body |
| title_full | The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body |
| title_fullStr | The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body |
| title_full_unstemmed | The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body |
| title_short | The Effect of the Legal Basis of the Unity of the Soul and the Body on the Jurisprudential Fatwa on the Ownership of the Soul over the Body |
| title_sort | effect of the legal basis of the unity of the soul and the body on the jurisprudential fatwa on the ownership of the soul over the body |
| topic | islamic philosophy relationship between soul and body unity of soul and body domination over members philosophy of jurisprudence |
| url | https://ipd.razavi.ac.ir/article_1060_1413d0493baa422f98ca430ce6082715.pdf |
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