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مقالات و بررسیها(منتشر نمی شود)
Article 1, Volume 38, Issue 3 - Serial Number 856, June 2005 PDF (593.59 K)
Abstract
Judicial awards of general concepts are derived from subjects and determining such verdicts is committed to legislator, and jurisprudents must explain them. But defining and explaining the all subjects borne awards, is not the duty of legislator and jurisprudents. But most subjects are adopted from customs and society. Since in some cases Islamic fiqh as a rule explains legal awards and defines the subject and even determines the referent-the subject that its definition and determination are engaged with jurisprudent. These definitions are gradually internalized to assume the determination of those referents is also a legal award and violation of that is not allowed. In this way there would be some difficulties which mentioned in the discussion. If we can find these subjects in fiqh and distinguish them from their concepts, it is known that mentioning these referents are for expressing the concept and the general award and if they change the award concerned will change and no objection to them.
Keywords
conventional natures; Fiqh (jurisprudence); fuqaha; legal natures; referent

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