نوع مقاله : مقاله علمی ترویجی
نویسنده
گروه حقوق دانشگاه افسری و تربیت پاسداری امام حسین(ع). تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the most commonly used terms in jurisprudence and the basics of jurisprudence about the enactments of Shari'a is that whether they are instructional or mandatory? Despite the widespread use of the term "instructional rule" in the basics of jurisprudence and jurisprudential texts, there has been no independent discussion of the multiple meanings and concepts of this term that has created the context for confusing topics and unclear content. Based on this research that has been done in order to explain the meanings of "instructional rule" searching on different topics and areas of jurisprudence and theology, the terms “Mawlavi” (mandatory) or “Irshadi” (instructional) has been found sharing between several meanings and concepts. 1. Instruction as to the factual ruling, not the mandatory ruling; 2. Instruction as to the divine Shari'a ruling not the government's mandatory ruling; 3. Instruction as to worldly goods without otherworldly influence; 4. Instruction as to the understanding of the intellect in the discovery of the ruling of Sharia; 5. Instruction as to the manner of the wise in the assumption of its independence in the discovery of the Shari'a ruling and 6. The statement of the previous or later ruling from the proof of the Shari'a ruling (the chain of causes). Except for sharing the lexical meaning, there is no common denominator between these meanings, and each of the Shariah rulings may be instructional according to one meaning and mandatory according to another one.
کلیدواژهها [English]
قرآن حکیم(ترجمه ناصر مکارم شیرازی)
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