From the Evidential Jurisprudence to the Causal Jurisprudence

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REZAEI RAD ABDOLHOSSEIN; Sayyahi Masoumeh

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:2 Page(s): 331-360

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Information Journal Paper

Title

From the Evidential Jurisprudence to the Causal Jurisprudence

Author(s)

REZAEI RAD ABDOLHOSSEIN | Sayyahi Masoumeh | Issue Writer Certificate

Keywords

ReasonQ2

PhilosophyQ2

JurisprudenceQ3

EvidenceQ2

BasisQ1

Abstract

Based on common definitions, Jurisprudence has been designed to explain and elaborate the rules and their Evidences. By Evidences we mean the documents that prove that a certain rule is od’ s command and according to expression of the jurists the Reason for issuing a rule is not related to the mysteries of rules and the Philosophy which is concealed in its issuance. The jurist is not obliged to unveil these secrets, however the increasing expansion of communities, versatility, and plurality of the necessary issues in the society have proven that reliance on the Evidences doesn’ t fulfill the needs of the society and one cannot expect that there should be a Reason from among the legal Evidences for every social necessary issue. Therefore, it will be inevitable to seek help of the Reasons of legal Evidences to determine the religious task at the time of silence or ambiguity or religious rules and to generalize the existing rules to other cases by means of Reason or in the cases when the Reason is resolved the rules also have to be resolved and to expand or spoil religious rules. This important issue necessitates that the jurists do not suffice to express the Evidences and to take a step toward etiology. The present study aims at explaining the accurate meaning of the Reason and the necessity to explore and explain the Reasons of rules and consequences of incorrect etiology to prepare the ground for the movement of Jurisprudence from explaining the Evidences to explaining the Reasons and to provide the fundamentals of establishing the evidential Jurisprudence through identifying the correct methods of Reason exploration. By doing this, it can help and improve the evidential Jurisprudence and can prevent from undesirable effects of unprofessional Reasoning for rules.

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APA: Copy

REZAEI RAD, ABDOLHOSSEIN, & Sayyahi, Masoumeh. (2020). From the Evidential Jurisprudence to the Causal Jurisprudence. ISLAMIC JURISPRUDENCE RESEARCH, 16(2 ), 331-360. SID. https://sid.ir/paper/406849/en

Vancouver: Copy

REZAEI RAD ABDOLHOSSEIN, Sayyahi Masoumeh. From the Evidential Jurisprudence to the Causal Jurisprudence. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(2 ):331-360. Available from: https://sid.ir/paper/406849/en

IEEE: Copy

ABDOLHOSSEIN REZAEI RAD, and Masoumeh Sayyahi, “From the Evidential Jurisprudence to the Causal Jurisprudence,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 2 , pp. 331–360, 2020, [Online]. Available: https://sid.ir/paper/406849/en

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