Document Type : Original Article

Authors

• Hosein Ali Saadi ¹
• Ehsan Ahangari ²

¹ Professor of Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq(A.S) University, Tehran, Iran

² Faculty Member of Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq(A.S) University, Tehran, Iran

Abstract

Shari'a cases have been considered by scholars of the principles of jurisprudence from different perspectives. One of these qualities is the addressee and the subject that this address has addressed to him. According to the popular view, any address that addresses a general issue such as "people" or "those who believe" is dissolved according to the number of people to whom this title applies, and this general address is in its infinite personal power. Imam Khomeini did not accept this analysis and rejected it with regard to the way legislative councils legislate. In this way, he believes that the general and legal address remains at the same level of generality and is not dissolved into personal speeches. This view has many effects on the principles and jurisprudence. In this article, we have analyzed the most important effects of this view on the jurisprudence of transactions.

Keywords

• Legal Speech
• Personal Speech
• Shari'a Ruling
• Dissolution
• Shari'a Cases