Re-reading the Structure of Science of Principles with the Focus on "Legal Validity" as a Prelude to the Interaction of Jurisprudence with other Sciences
Document Type : Original Article
Authors
1 Assistant Professor of the Department of Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran
2 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq(AS) University, Tehran, Iran
Abstract
In the credit reading of knowing the Shari'a sermons, we may consider the credits as literary or legal. In the first type, what exists is the offspring of the mind, which can change according to the societies and cultures that govern them. Legal validity, unlike the first type, does not only seek to influence the emotions of the audience, but also the origin of its identity in society and external realities. Legal validity, however, is rooted in literary validity, and in this legal discourse, the shari'a's rhetoric is like the rules laid down in the profession of rational legislation. Now the knowledge of principles can find a new formulation and division with the focus on legal validity and a logical and methodical course. According to this new division, there will be an opportunity to raise legal issues in jurisprudence and its interaction with other fields, contrary to the common structure, which seems incoherent and inattentive to the legality of rulings.
Keywords
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Volume 9, Issue 1 - Serial Number 17
February 2021Pages 41-64
- Receive Date: 01 March 2020
- Revise Date: 03 May 2020
- Accept Date: 08 June 2020