Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time

Every science, including the civil and penal jurisprudence, will be dynamic when it provides justified responses to the new approaches and their related questions. Some of the new approaches in the discussions of civil and criminal jurisprudence are the necessity of being along line with and paying...

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Main Author: Seyyed Mahdi Ahmadi Nik
Format: Article
Language:fas
Published: Razavi University of Islamic Sciences 2012-07-01
Series:آموزه‌‌های فقه مدني
Subjects:
Online Access:https://cjd.razavi.ac.ir/article_1192_cad99fb19a7c955bcac8cf251674393d.pdf
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author Seyyed Mahdi Ahmadi Nik
author_facet Seyyed Mahdi Ahmadi Nik
author_sort Seyyed Mahdi Ahmadi Nik
collection DOAJ
description Every science, including the civil and penal jurisprudence, will be dynamic when it provides justified responses to the new approaches and their related questions. Some of the new approaches in the discussions of civil and criminal jurisprudence are the necessity of being along line with and paying attention to the conditions and the current and prevailing culture. Some believe that the nature of religion is moral and beliefs that are the inherent of the religion and eternal, but Islamic commandments, both civil and criminal, are not essential and allocated to the custom of the prophet period and is dedicated to the past. Hence, given to the current situation, the change in them, as customary law, is necessary. The writer has tried to separate between religious commandments and common law and in religious commandment itself between the provisions stipulated in the Koran and definite tradition of the innocents (pub) and jurists legal decisions and in a descriptive-analytic way I try to prove continuity and stability of the stipulated juridical orders, and not legal Decisions and common law, on the base of the Quran and tradition.
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series آموزه‌‌های فقه مدني
spelling doaj-art-f0a5343568bc449f87dbb134cff0db2f2025-08-20T03:32:01ZfasRazavi University of Islamic Sciencesآموزه‌‌های فقه مدني2251-936X2783-36902012-07-01451711881192Juridical Ordinances; Along Line with the Current Common-Sense or Beyond TimeSeyyed Mahdi Ahmadi Nik0A member of academic board of Razavi University of Islamic SciencesEvery science, including the civil and penal jurisprudence, will be dynamic when it provides justified responses to the new approaches and their related questions. Some of the new approaches in the discussions of civil and criminal jurisprudence are the necessity of being along line with and paying attention to the conditions and the current and prevailing culture. Some believe that the nature of religion is moral and beliefs that are the inherent of the religion and eternal, but Islamic commandments, both civil and criminal, are not essential and allocated to the custom of the prophet period and is dedicated to the past. Hence, given to the current situation, the change in them, as customary law, is necessary. The writer has tried to separate between religious commandments and common law and in religious commandment itself between the provisions stipulated in the Koran and definite tradition of the innocents (pub) and jurists legal decisions and in a descriptive-analytic way I try to prove continuity and stability of the stipulated juridical orders, and not legal Decisions and common law, on the base of the Quran and tradition.https://cjd.razavi.ac.ir/article_1192_cad99fb19a7c955bcac8cf251674393d.pdfcivil jurisprudencecurrent customcommon lawstipulated orders
spellingShingle Seyyed Mahdi Ahmadi Nik
Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
آموزه‌‌های فقه مدني
civil jurisprudence
current custom
common law
stipulated orders
title Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
title_full Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
title_fullStr Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
title_full_unstemmed Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
title_short Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
title_sort juridical ordinances along line with the current common sense or beyond time
topic civil jurisprudence
current custom
common law
stipulated orders
url https://cjd.razavi.ac.ir/article_1192_cad99fb19a7c955bcac8cf251674393d.pdf
work_keys_str_mv AT seyyedmahdiahmadinik juridicalordinancesalonglinewiththecurrentcommonsenseorbeyondtime