A Research of Sharia Solution (Ḥīli-yi Sharʿī) in Shiite and Sunnite Jurisprudence

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ALIMOHAMMADI TAHER; Naseri Moghaddam Hossean

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Paper Information

Journal: JUSTARHA YE FIQHI VA USULI Year:2020 | Volume:6 | Issue:3 (20) Page(s): 61-94

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Information Journal Paper

Title

A Research of Sharia Solution (Ḥīli-yi Sharʿī) in Shiite and Sunnite Jurisprudence

Author(s)

ALIMOHAMMADI TAHER | Naseri Moghaddam Hossean | Issue Writer Certificate

Keywords

Sharia Solution

Lexical Solution

Avoiding Haram

Committing Haram

Sharia Objectives

Abstract

The Permission or prohibition of certain Sharia Solution have briefly been affirmed by Shiite and Sunnite Jurisprudence. Essentially, Decrees and Laws of a legal system must not conflict with its objectives, so it is significant to study the authenticity of permission of a Sharia Solution which is outwardly in contradiction with the goal of Sharia. This research tries to clarify and criticize the different standpoints of Islamic Jurisprudents, both Shiite and Sunnite-and concludes that some of permissible cases are are not Sharia Solution in nature, but Lexical Solutions or transition of a Sharia Decree to another; Assuming naming them as Sharia Solution, it does not cause any conflict with Sharia Objectives. On the other hand, some of instances which have been named Sharia Solution, are forbidden in reality because of leading to commiting Haram or if the subject of Haram does not change, as well as their opposition against Sharia Objectives.

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APA: Copy

ALIMOHAMMADI, TAHER, & Naseri Moghaddam, Hossean. (2020). A Research of Sharia Solution (Ḥīli-yi Sharʿī) in Shiite and Sunnite Jurisprudence. JUSTARHA YE FIQHI VA USULI, 6(3 (20) ), 61-94. SID. https://sid.ir/paper/373121/en

Vancouver: Copy

ALIMOHAMMADI TAHER, Naseri Moghaddam Hossean. A Research of Sharia Solution (Ḥīli-yi Sharʿī) in Shiite and Sunnite Jurisprudence. JUSTARHA YE FIQHI VA USULI[Internet]. 2020;6(3 (20) ):61-94. Available from: https://sid.ir/paper/373121/en

IEEE: Copy

TAHER ALIMOHAMMADI, and Hossean Naseri Moghaddam, “A Research of Sharia Solution (Ḥīli-yi Sharʿī) in Shiite and Sunnite Jurisprudence,” JUSTARHA YE FIQHI VA USULI, vol. 6, no. 3 (20) , pp. 61–94, 2020, [Online]. Available: https://sid.ir/paper/373121/en

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