Examination of Relationship between "Secondary Laws and Titles" and "Primary Laws and Titles" in Jurisprudence

Document Type : Research Paper

Authors

Ph.D

Abstract

Human and his needs is constantly changing; As well, social phenomena are constantly changing. On this basis, the question is that how is it possible those phenomena, that are changing constantly, be compatible with stable legal laws that their lawfulness and lawlessness is firm until the Resurrection? A part of this problem will be solved by a part of fixed principles and holistic rules of jurisprudence (Shariah). As well, a part of this problem is solved by secondary titles ('anawin thanawiyah). Therefore, the role and importance of secondary titles is not less than primary titles in inference of legal laws and if Holy Legislator did not ordained secondary laws, the Islamic jurisprudence (Fiqh) became incomplete and a lot of actions of obliged humans would remain without ruling. Secondary laws and titles are used throughout Jurisprudence and can be seen in various chapters of Jurisprudence, from chapter of "cleanliness" to chapter of "limits and atonements". This article is seeking out to obtain the status of secondary laws and titles in jurisprudence and to show their relationship to primary laws and titles and to prove efficiency and dynamism of Islamic jurisprudence.

Keywords

Religious Researches
Volume 8, Issue 2 - Serial Number 2
November 2015
Pages 59-95

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History

  • Receive Date: 02 September 2012
  • Revise Date: 05 November 2013
  • Accept Date: 05 January 2013

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