The intellect in the Fundamentals of Economic Analysis of Law in Comparison with Islamic Law (Based on Allameh Tabataba'i's Ideas)

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MOHAGHEGH DAMAD MOSTAFA; Keikhay Farzaneh Mohammad Amin

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:52 | Issue:1 Page(s): 183-203

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Information Journal Paper

Title

The intellect in the Fundamentals of Economic Analysis of Law in Comparison with Islamic Law (Based on Allameh Tabataba'i's Ideas)

Author(s)

MOHAGHEGH DAMAD MOSTAFA | Keikhay Farzaneh Mohammad Amin | Issue Writer Certificate

Keywords

Economic analysis of lawQ2

instrumental reasonQ2

Islamic lawQ1

philosophy of assumptionQ1

rationalist schoolQ1

Abstract

An economic analysis of rights is an attractive and challenging attempt to apply the concepts and methods of reasoning in modern economics based on economic reason or instrumental reason in order to obtain a deeper and more rational understanding of legal problems. What is evident in this approach to the school is the importance of goals and objectives in the practical wisdom (the do's and don'ts) and the role of reason as the designer of the means of providing purposes that extends the human vision, saves it from rigidity, and always directs mankind to design better tools. The explanation of such a position for human reason in the jurisprudence philosophy needs to be investigated. What is being studied by the schools of jurisprudence and Islamic law is that in the Islamic jurisprudence the school of jurisprudence and the viewpoint of Allamah Tabatabai (RA) follow such an approach, and it is the human intellect that has the means and plans to achieve the intended ends.

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APA: Copy

MOHAGHEGH DAMAD, MOSTAFA, & Keikhay Farzaneh, Mohammad Amin. (2019). The intellect in the Fundamentals of Economic Analysis of Law in Comparison with Islamic Law (Based on Allameh Tabataba'i's Ideas). FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 52(1 ), 183-203. SID. https://sid.ir/paper/198448/en

Vancouver: Copy

MOHAGHEGH DAMAD MOSTAFA, Keikhay Farzaneh Mohammad Amin. The intellect in the Fundamentals of Economic Analysis of Law in Comparison with Islamic Law (Based on Allameh Tabataba'i's Ideas). FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;52(1 ):183-203. Available from: https://sid.ir/paper/198448/en

IEEE: Copy

MOSTAFA MOHAGHEGH DAMAD, and Mohammad Amin Keikhay Farzaneh, “The intellect in the Fundamentals of Economic Analysis of Law in Comparison with Islamic Law (Based on Allameh Tabataba'i's Ideas),” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 52, no. 1 , pp. 183–203, 2019, [Online]. Available: https://sid.ir/paper/198448/en

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