A Study on the Jurisprudential Precepts Contradicting the Public Order

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Reza Zade Moghaddam Hassan; SOLTANI ABBAS ALI; FAKHLAEI MOHAMMAD TAGHI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Fiqh va Usul Year:2021 | Volume:53 | Issue:1 (124) Page(s): 47-71

Download Full-Text

Persian Verion

View:

270

Download:

Cites:

Information Journal Paper

Title

A Study on the Jurisprudential Precepts Contradicting the Public Order

Author(s)

Reza Zade Moghaddam Hassan | SOLTANI ABBAS ALI | FAKHLAEI MOHAMMAD TAGHI | Issue Writer Certificate

Keywords

public orderQ1

contradiction with public orderQ1

precepts contradicting the public orderQ1

governmental jurisprudenceQ1

the ruler’s authorizationQ1

Abstract

Execution of religious precepts and managing the important and public affairs is among the duties of the sharia ruler or the highly qualified religious jurist and the arbitrary action as to these affairs by members of society without the authorization of sharia ruler is not acceptable. There are precepts in the Islamic jurisprudence including prescribed punishments whose execution by ordinary people, at first sight, appears to be permitted while if they fall within the competence of the public, this leads to chaos in the society and is, apparently, against public order. The present paper, through case studies on a number of such precepts, seeks to answer the question whether assigning them to the public contradicts the public order or not. The conclusion is that such precepts were issued at a time when the Islamic state was not established and the individual jurisprudence prevailed and private interests were preferred over public interests. However, in situations the righteous Islamic state is established and the social and political jurisprudence prevails, the precepts of the governmental jurisprudence are given priority over the above said precepts. Some precepts which contradict the public order and have been issued due to necessity are restricted to exigent circumstances. Proving the point that whenever the great jurists have mentioned order they have intended public order is also an achievement of this research which has been performed using library tools and through descriptive-analytical method.

Cites

No record.

References

No record.

Cite

APA: Copy

Reza Zade Moghaddam, Hassan, SOLTANI, ABBAS ALI, & FAKHLAEI, MOHAMMAD TAGHI. (2021). A Study on the Jurisprudential Precepts Contradicting the Public Order. QURANIC & HADITH STUDIES, 53(1 (124) ), 47-71. SID. https://sid.ir/paper/394070/en

Vancouver: Copy

Reza Zade Moghaddam Hassan, SOLTANI ABBAS ALI, FAKHLAEI MOHAMMAD TAGHI. A Study on the Jurisprudential Precepts Contradicting the Public Order. QURANIC & HADITH STUDIES[Internet]. 2021;53(1 (124) ):47-71. Available from: https://sid.ir/paper/394070/en

IEEE: Copy

Hassan Reza Zade Moghaddam, ABBAS ALI SOLTANI, and MOHAMMAD TAGHI FAKHLAEI, “A Study on the Jurisprudential Precepts Contradicting the Public Order,” QURANIC & HADITH STUDIES, vol. 53, no. 1 (124) , pp. 47–71, 2021, [Online]. Available: https://sid.ir/paper/394070/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops