The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence

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Andalib Hossein; HEIDARI MOHAMMAD ALI; TAVAKOLI AHMAD REZA

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Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2019 | Volume:15 | Issue:54 Page(s): 109-128

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Title

The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence

Author(s)

Andalib Hossein | HEIDARI MOHAMMAD ALI | TAVAKOLI AHMAD REZA | Issue Writer Certificate

Keywords

ErtekazQ1

Religious textsQ1

Inference of religious law;Law of transactions;Principles of Islamic jurisprudenceQ2

Abstract

The interpretation of Religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles of Islamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of Religious texts that plays an important and influential role in the process of deduction. Ertekaz is the initial perception of people about one thing that has penetrated the depths of their minds and thoughts, therefore; in the system of dialogue, it is considered by the parties. The main questions in this study are whether Ertekaz has a role in deducing legal-jurisprudence law or not, and whether the mujtahid necessarily pays attention to Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of Religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the Religious texts, providing some law, and preventing long discussions on the principles of Islamic jurisprudence.

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APA: Copy

Andalib, Hossein, HEIDARI, MOHAMMAD ALI, & TAVAKOLI, AHMAD REZA. (2019). The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 15(54 ), 109-128. SID. https://sid.ir/paper/134434/en

Vancouver: Copy

Andalib Hossein, HEIDARI MOHAMMAD ALI, TAVAKOLI AHMAD REZA. The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2019;15(54 ):109-128. Available from: https://sid.ir/paper/134434/en

IEEE: Copy

Hossein Andalib, MOHAMMAD ALI HEIDARI, and AHMAD REZA TAVAKOLI, “The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 15, no. 54 , pp. 109–128, 2019, [Online]. Available: https://sid.ir/paper/134434/en

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