THE BASES OF THE AFGHAN SHI'A PERSONAL AFFAIRS (ARTICLE 131 OF THE INSTITUTION)

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ALMASI N.A.; SHAFAEI ABD ELAH

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Journal: SHIITE STUDIES Year:2007 | Volume:5 | Issue:3 (19) Page(s): 51-84

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Title

THE BASES OF THE AFGHAN SHI'A PERSONAL AFFAIRS (ARTICLE 131 OF THE INSTITUTION)

Author(s)

ALMASI N.A. | SHAFAEI ABD ELAH | Issue Writer Certificate

Keywords

PERSONAL AFFAIRSQ4

THE SHI'A OF AFGHANISTANQ4

LEGAL PLURALISMQ4

MINORITIESQ4

TOLERANCEQ4

Abstract

Legalization of the PERSONAL AFFAIRS (ahwale shakhsiyya) of the Shi'a on the basis of Shi'i Fikh in the legal system of Afghanistan is a new phenomenon entered the legal literature of Afghanistan by writing the Article 131 of the Afghan Institution in 1382.Prima facie, it may seem unjustifiable to separate Shi'a PERSONAL AFFAIRS from Afghan civil law; but by studying the Afghan Shi'a conditions in past and present, one can find that such a separation is interpretable in terms of government TOLERANCE with the followers of other religious groups that have their own religious rituals. This LEGAL PLURALISM is based on both religious believes and human thinking.Using philosophy of law and legal-sociological approaches, the present writing has found scientific and theoretical bases for judicial independence of Afghan Shi'a in PERSONAL AFFAIRS, and on the other hand, by an inter-religious view, from the sources of Islamic rich Fikh, has provided strong bases for the Shi'a PERSONAL AFFAIRS.From the perspective of comparative law, Shi'a independence in PERSONAL AFFAIRS and, as a result, entrance of the Shi'a rich Fikh in legal system of Afghanistan would promote its scientific richness. This fact is fully evident in family law, especially in the chapter of "marriage and divorce" of Afghanistan civil law.

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APA: Copy

ALMASI, N.A., & SHAFAEI, ABD ELAH. (2007). THE BASES OF THE AFGHAN SHI'A PERSONAL AFFAIRS (ARTICLE 131 OF THE INSTITUTION). SHIITE STUDIES, 5(3 (19)), 51-84. SID. https://sid.ir/paper/119542/en

Vancouver: Copy

ALMASI N.A., SHAFAEI ABD ELAH. THE BASES OF THE AFGHAN SHI'A PERSONAL AFFAIRS (ARTICLE 131 OF THE INSTITUTION). SHIITE STUDIES[Internet]. 2007;5(3 (19)):51-84. Available from: https://sid.ir/paper/119542/en

IEEE: Copy

N.A. ALMASI, and ABD ELAH SHAFAEI, “THE BASES OF THE AFGHAN SHI'A PERSONAL AFFAIRS (ARTICLE 131 OF THE INSTITUTION),” SHIITE STUDIES, vol. 5, no. 3 (19), pp. 51–84, 2007, [Online]. Available: https://sid.ir/paper/119542/en

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