Jurisprudence and Law (book): Difference between revisions

Eliciting all kinds of jurisprudential issues in the field of [[legislation]] is something that [[Hasan Vahdati Shubayri|Hassan Vahdati Shobeyri]], a member of [[University of Qom|Qom University]]'s faculty, deals with in the article titled "Interaction of Law and Jurisprudence in the [[Islamic Republic of Iran]]". According to him, we are facing three categories of jurisprudential issues in the field of [[legislation]]: (a) Traditional issues such as personal matters such as [[Inheritance in Islam|inheritance]], [[Marriage in Islam|marriage]], [[Divorce in Islam|divorce]] and [[Will in Islam|will]]; (b) Emerging issues such as [[citizenship]] regulations and (c) Changed topics such as remittances which are in the form of commercial documents such as [[Cheque|checks]], demand notes, and [[Promissory note|promissory notes]] (p. 153-157).

In the following, he draws four roles and functions for jurisprudence in the field of [[legislation]] and implementation of [[Sharia]] according to the extracted issues: (a) The basic role in areas where the legislator directly takes the ruling from jurisprudence and provides it to the executors in the form of an approved law, such as a major part of personal affairs (p. 157); (b) The role of the standard that the legislator deals with in new issues based on the general principles of jurisprudence to legislate according to the requirements of the day; (c) The role of interpretation in the sense that if a law is subject to different interpretations, only the interpretation that conforms to jurisprudential standards is acceptable and valid; and (d) The supplementary role that in cases of lack of law, the judge is obliged to issue a verdict by referring to [[Primary sources of Islamic law|authentic Islamic sources]] or authentic [[Fatwa|fatwas]] (p. 158).