Role of Presupposition in Jurisprudence and Iran’ s Penal Law with an Approach Based on Imam Khomeini’ s Views

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POURSAEID RAMIN; Azarnia Marziyeh

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Journal: Matin research journal Year:2018 | Volume:20 | Issue:80 Page(s): 37-52

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Information Journal Paper

Title

Role of Presupposition in Jurisprudence and Iran’ s Penal Law with an Approach Based on Imam Khomeini’ s Views

Author(s)

POURSAEID RAMIN | Azarnia Marziyeh | Issue Writer Certificate

Keywords

PresuppositionQ1

2013 Islamic Penal CodeQ1

Esalat al-ZohurQ1

tradition with a single narratorQ2

Imam KhomeiniQ2

Abstract

Presupposition is a belief that is institutionalized in the mind of the individual under certain time and place conditions or under the effect of social culture, family, economy, etc. and affects his decision-making. The penal lawmakers are no exception to this rule in enacting laws. This research work intends to clarify some of the most important Presuppositions that affect penal jurisprudential verdicts. Since these affairs have turned into a postulate in the minds of the lawmakers, it is very difficult to make alterations in them. For instance, the Presupposition of the authenticity of a tradition with a single narrator in dealing with the traditions attributed to the Infallible Household of the Prophet (PBUH) has made it impossible to pose any contrary statement. Therefore, the majority of the textual evidences such as statements and hadiths (traditions) have been given priority over non-textual evidences such as evidence by reason and conduct of the wise. However, it seems that the opposite side of this statement, i. e. giving priority to non-textual evidence, must be prioritized since the textual evidences face problems in document validity, attribution and authentication. Moreover, the reasoned understanding of traditions is mainly based on Presuppositions that reduce the possibility of pure understanding, and diminish the evidence from pure text to superficial and then to brief evidence. This research work has been development in the context of philosophy of Islamic jurisprudence and penal law.

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APA: Copy

POURSAEID, RAMIN, & Azarnia, Marziyeh. (2018). Role of Presupposition in Jurisprudence and Iran’ s Penal Law with an Approach Based on Imam Khomeini’ s Views. PAZHUHESHNAMEH MATIN, 20(80 ), 37-52. SID. https://sid.ir/paper/93832/en

Vancouver: Copy

POURSAEID RAMIN, Azarnia Marziyeh. Role of Presupposition in Jurisprudence and Iran’ s Penal Law with an Approach Based on Imam Khomeini’ s Views. PAZHUHESHNAMEH MATIN[Internet]. 2018;20(80 ):37-52. Available from: https://sid.ir/paper/93832/en

IEEE: Copy

RAMIN POURSAEID, and Marziyeh Azarnia, “Role of Presupposition in Jurisprudence and Iran’ s Penal Law with an Approach Based on Imam Khomeini’ s Views,” PAZHUHESHNAMEH MATIN, vol. 20, no. 80 , pp. 37–52, 2018, [Online]. Available: https://sid.ir/paper/93832/en

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