نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد سطوح عالی حوزه علمیه قم
2 دانشیار گروه فقه ومبانى حقوق اسلامى دانشگاه قم
3 رئیس دائره المعارف فقه بر مذاهب اهل بیت قم، استاد تمام پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The element "purpose" by the jurists has been and is widely used in interpretations such as "purpose of the law" and "purpose of the law", which has received less attention and it is necessary to determine the position of this element in the conclusions of Imami jurisprudence. In this regard, three issues have more priority; First: the principle of the intention of the Shariah in the legislation, second: the comprehensibility of the purposes and third, the permissibility of citing the purposes in jurisprudential arguments. This article analyzes these three issues with an analytical-descriptive approach and a library method from the perspective of Imamiyyah jurisprudence with application to transactional jurisprudence and based on the theory of credits. In this article, apart from purely theoretical discussions, the practical course and jurisprudential method of jurists in applying purposes in deriving rulings has been the focus of research, which has no independent research history before this.. The findings of this research indicate that the principle of the intention of the Shariah has been widely assumed and accepted by the jurists; And many of the purposes of the rulings are also completely understandable from their point of view, and in many cases they have specified those purposes as well; And the most important thing is that these unwritten purposes have been used in the derivation of jurisprudential rulings, and numerous obligatory and status rulings have been derived from them. We refer to this way of inferring rulings as "purpose-oriented inference" and consider it as one of the examples of adherence to the understanding of practical reason.
کلیدواژهها [English]