STATUS OF TRADITION IN SHARIA AND ITS ROLE IN LEGISLATION AND JUDGEMENT

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HOSSEINI SEYED MOHAMMAD

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Paper Information

Journal: RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW Year:2011 | Volume:3 | Issue:7 Page(s): 141-178

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Title

STATUS OF TRADITION IN SHARIA AND ITS ROLE IN LEGISLATION AND JUDGEMENT

Author(s)

HOSSEINI SEYED MOHAMMAD | Issue Writer Certificate

Keywords

TRADITIONQ2

DIVINE LAWQ1

JUDGEQ2

Abstract

In Islamic law, lawgiver relying on TRADITION and verification of special TRADITIONs and making reference to them for judgment is able to create a live and dynamic system, while not over crediting the TRADITION and overindulging such that being opposed to human dignities and principle of justice and innate reverence and honor of human and Sharia.That is why when a debate is discussed in front of JUDGE, the JUDGE is supposed to regard all aspects including the time, place and different components involved in a legal file and or relates to the society and people and TRADITION and then makes his order.Common law although following the TRADITION, but is based on the principle of causality and what is the goal and principle in Islamic law is the prestige and honor of humans and realization of justice; Islamic law is strong roots and it is perfect and no inaction, solidity and inertia is supposed in it and acceptance of TRADITION and Ijtihad guarantees the continuity and persistence of this law toward maturity and sophistication; it respects TRADITION laws and the user accepts it in the cases when the law is silent or incommensurable as a legal principle.In present research, we try to illustrate the role of TRADITION in Islamic judgment in juridical and legal contexts, so it is necessary to present clear and exact definitions in this regard and scrutinize the discussion.

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APA: Copy

HOSSEINI, SEYED MOHAMMAD. (2011). STATUS OF TRADITION IN SHARIA AND ITS ROLE IN LEGISLATION AND JUDGEMENT. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(7), 141-178. SID. https://sid.ir/paper/255279/en

Vancouver: Copy

HOSSEINI SEYED MOHAMMAD. STATUS OF TRADITION IN SHARIA AND ITS ROLE IN LEGISLATION AND JUDGEMENT. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(7):141-178. Available from: https://sid.ir/paper/255279/en

IEEE: Copy

SEYED MOHAMMAD HOSSEINI, “STATUS OF TRADITION IN SHARIA AND ITS ROLE IN LEGISLATION AND JUDGEMENT,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 7, pp. 141–178, 2011, [Online]. Available: https://sid.ir/paper/255279/en

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