A look at the works of non-inclusivist theories regarding the scope of ordinances of the law in two areas of jurisprudence and principles

Document Type : Original Article

Authors
Masoud jahandoost Dalenjan 1
Abedin Momeni 2
Seyed Mohammad Hoseini 3
1 PHD Student Of Fiqh and Islamic Law Foundation at Tehran University
2 Associated Professor of the Department of Fiqh and Islamic Law Foundations at Tehran University
3  Associate Professor of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
10.30497/irj.2022.76394
Abstract
According to the unanimous opinion of the jurists of the Islamic schools of thought, especially the jurists of the twelvers, the scope of inference of jurisprudence ordinances includes all the events, both newly emerged and newly not emerged; In the sense that canon laws has issued an order for all human actions and behaviors. However, some jurists and a number of modern religious thinkers have doubted the validity of the above article and have sometimes opposed it. Since the dominant view in the jurisprudential tradition is an inclusivist view, the opponents - especially its jurists - have only addressed the main issue and have not been able to approach the issues with a non-inclusivist view; Therefore, the effects of these theories have not been examined in general. The current research tries to use the analytical descriptive method to examine some of the most important works of non-inclusivist theories regarding the scope of ordinances of the law in the two fields of principles and jurisprudence. The results of these surveys indicate that some of the most important jurisprudential and principled theories will face a serious challenge based on non-inclusivist theories.
Keywords
Non-inclusivist theories
the event
inclusivistness of canon law
Kholov Denial Rule

  • Receive Date 16 September 2022