Document Type : Original Article
Authors
1 Assistant Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University
2 PhD Student of Fiqh and Islamic Law Foundations at Tehran University
Abstract
In the Islamic branches, changing the judgment is one of the issues that religious scholars have been argued in more details in contemporary and foretime. All the Islamic branches have admitted the permission of changing juris consult’s legal decision as a principle and in the point of view of that branches, juris consult can back out from his decision.
Therefore, the main idea of the writer in this article is that which factors are effective in changing decision. We analogy obtain factors form the decision of jurisprudents and try to explain some jurisprudence examples.
In general writer believe that two factors have effected changing decision in Sunni jurisprudent: “1- changing the subject” and “2-receiving new evidences”.
These are affected by some issues such as: 1- changing the age 2- changing the place 3- changing the situation 4- changing the custom 5- changing in people’s ability and facility 6- changing the opinions and point of views 7- changing in social, economic and political circumstances 8- generality for involving the issues.
Keywords