CONCEPTION AND ELEMENTS OF ISLAMIC RULE IN COMPARISON WITH LEGAL RULE

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OMIDI JALIL

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Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2013 | Volume:6 | Issue:11 Page(s): 9-30

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Information Journal Paper

Title

CONCEPTION AND ELEMENTS OF ISLAMIC RULE IN COMPARISON WITH LEGAL RULE

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OMIDI JALIL | Issue Writer Certificate

Keywords

ISLAMIC RULEQ2

LEGAL RULEQ1

PROVISIONQ2

RESPONSIBLE PERSONQ2

ATTRIBUTIONQ1

Abstract

Rule is a proposition having a general subject and a provision that it rules all of its applied meaning. As a general state, rule is dividable to three types: rational, natural and enacted rule. As a category of the enacted rule, the Islamic rule is a general proposition that has been extracted from Al-Shara, containing a provision governing the people behaviors and factual happenings. This rule is basically divided to principle and jurisprudential rule. Islamic rule has three elements: Subject, provision and attribution. Subject is both of fully responsible person and his/her act; provision is the legal description of behaviors and what has named causation condition, hindrance (al-sabab, al-shart, al-manea) and validity or nullity (al-sehhah or al-botlan). Finally attribution is a relation between the subject and the provision. Islamic rule has the same qualities as legal rules. Such as: generality, compulsory and having sanctioned. However, there is some deference between these two rules in regard to their sanctions and scope of jurisdiction.

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APA: Copy

OMIDI, JALIL. (2013). CONCEPTION AND ELEMENTS OF ISLAMIC RULE IN COMPARISON WITH LEGAL RULE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 6(11), 9-30. SID. https://sid.ir/paper/212179/en

Vancouver: Copy

OMIDI JALIL. CONCEPTION AND ELEMENTS OF ISLAMIC RULE IN COMPARISON WITH LEGAL RULE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2013;6(11):9-30. Available from: https://sid.ir/paper/212179/en

IEEE: Copy

JALIL OMIDI, “CONCEPTION AND ELEMENTS OF ISLAMIC RULE IN COMPARISON WITH LEGAL RULE,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 6, no. 11, pp. 9–30, 2013, [Online]. Available: https://sid.ir/paper/212179/en

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