Jurisprudence and Law (book)

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===The role of social interest in law===

According to [[Abdullah bin Hamoud al-Azzi]], [[Maslaha|jurisprudence of social expediency]] is effective in the two areas of [[legislation]] of jurisprudence and executive and formal [[legislation]] (p. 373-380). According to him, [[Maslaha|social expediency]] affects the formulation of law through general jurisprudential rules such as "[[Rule of no hardship|negation of hardship]]", "non-observance of [[Sharia]] rulings from real benefits and corruptions", and "observance of servants' duties from their interests" and... (p.359).

Also, according to [[Ahmad Hendi]], a professor at [[Alexandria University|Alexandria University in Egypt]], ~~[[Maslaha|~~expediency]] is the basis and criterion of everything, and the legislator must act on the basis of securing the interests of the people of the society in all laws. Therefore, it is expedient to approve or not to approve the circular law (p. 403-404). In the article "Social Interest in Executive Laws", he believes that all judicial actions must be beneficial in order to be accepted, and there is no difference between requesting these actions from a civil, criminal or administrative court (p. 404).

Also, according to [[Ahmad Hendi]], a professor at [[Alexandria University|Alexandria University in Egypt]], expediency is the basis and criterion of everything, and the legislator must act on the basis of securing the interests of the people of the society in all laws. Therefore, it is expedient to approve or not to approve the circular law (p. 403-404). In the article "Social Interest in Executive Laws", he believes that all judicial actions must be beneficial in order to be accepted, and there is no difference between requesting these actions from a civil, criminal or administrative court (p. 404).

===Variable materials, the axis of political laws===

Political rulings cannot have a fixed and unchangeable ruling due to their flexible nature in different time and place conditions, for this reason they left it to [[The Fourteen Infallibles|innocent Imam]] to issue rulings based on [[Maslaha|public interest]] (p. 399). This sentence is the main contention of [[Sayyid Javad Varai|Seyyed Javad Warei]], a member of the academic staff of the Seminary and University Research Institute, in the article "Variable Materials, the Axis of Political Laws". According to him, these matters do not have a fixed ruling, and when the [[Maslaha|public interests]] change, the rulings also change. He also points out to the several distinctions between the criterion [[Maslaha|expediency]] in [[Sharia]] rulings and the criterion ~~[[Maslaha|~~expediency]] in [[Governmental ruling|government rulings]] including: (a) The [[Maslaha|expediency]] of [[Sharia]] rulings is recognized by God, and the [[Maslaha|expediency]] of [[Governmental ruling|government rulings]] is recognized by the ruler of society; and (b)The ~~[[Maslaha|~~expediency]] of the first type is fixed and the ~~[[Maslaha|~~expediency]] of the second type is subject to different time conditions (p. 386).

Political rulings cannot have a fixed and unchangeable ruling due to their flexible nature in different time and place conditions, for this reason they left it to [[The Fourteen Infallibles|innocent Imam]] to issue rulings based on [[Maslaha|public interest]] (p. 399). This sentence is the main contention of [[Sayyid Javad Varai|Seyyed Javad Warei]], a member of the academic staff of the Seminary and University Research Institute, in the article "Variable Materials, the Axis of Political Laws". According to him, these matters do not have a fixed ruling, and when the [[Maslaha|public interests]] change, the rulings also change. He also points out to the several distinctions between the criterion [[Maslaha|expediency]] in [[Sharia]] rulings and the criterion expediency in [[Governmental ruling|government rulings]] including: (a) The [[Maslaha|expediency]] of [[Sharia]] rulings is recognized by God, and the [[Maslaha|expediency]] of [[Governmental ruling|government rulings]] is recognized by the ruler of society; and (b)The expediency of the first type is fixed and the expediency of the second type is subject to different time conditions (p. 386).

===Solving the problem of law and jurisprudence===

@@ Line 79: / Line 79: @@
 ===The role of social interest in law===
 According to [[Abdullah bin Hamoud al-Azzi]], [[Maslaha|jurisprudence of social expediency]] is effective in the two areas of [[legislation]] of jurisprudence and executive and formal [[legislation]] (p. 373-380). According to him, [[Maslaha|social expediency]] affects the formulation of law through general jurisprudential rules such as "[[Rule of no hardship|negation of hardship]]", "non-observance of [[Sharia]] rulings from real benefits and corruptions", and "observance of servants' duties from their interests" and... (p.359).
-Also, according to [[Ahmad Hendi]], a professor at [[Alexandria University|Alexandria University in Egypt]], [[Maslaha|expediency]] is the basis and criterion of everything, and the legislator must act on the basis of securing the interests of the people of the society in all laws. Therefore, it is expedient to approve or not to approve the circular law (p. 403-404). In the article "Social Interest in Executive Laws", he believes that all judicial actions must be beneficial in order to be accepted, and there is no difference between requesting these actions from a civil, criminal or administrative court (p. 404).
+Also, according to [[Ahmad Hendi]], a professor at [[Alexandria University|Alexandria University in Egypt]], expediency is the basis and criterion of everything, and the legislator must act on the basis of securing the interests of the people of the society in all laws. Therefore, it is expedient to approve or not to approve the circular law (p. 403-404). In the article "Social Interest in Executive Laws", he believes that all judicial actions must be beneficial in order to be accepted, and there is no difference between requesting these actions from a civil, criminal or administrative court (p. 404).
 ===Variable materials, the axis of political laws===
-Political rulings cannot have a fixed and unchangeable ruling due to their flexible nature in different time and place conditions, for this reason they left it to [[The Fourteen Infallibles|innocent Imam]] to issue rulings based on [[Maslaha|public interest]] (p. 399). This sentence is the main contention of [[Sayyid Javad Varai|Seyyed Javad Warei]], a member of the academic staff of the Seminary and University Research Institute, in the article "Variable Materials, the Axis of Political Laws". According to him, these matters do not have a fixed ruling, and when the [[Maslaha|public interests]] change, the rulings also change. He also points out to the several distinctions between the criterion [[Maslaha|expediency]] in [[Sharia]] rulings and the criterion [[Maslaha|expediency]] in [[Governmental ruling|government rulings]] including: (a) The [[Maslaha|expediency]] of [[Sharia]] rulings is recognized by God, and the [[Maslaha|expediency]] of [[Governmental ruling|government rulings]] is recognized by the ruler of society; and (b)The [[Maslaha|expediency]] of the first type is fixed and the [[Maslaha|expediency]] of the second type is subject to different time conditions (p. 386).
+Political rulings cannot have a fixed and unchangeable ruling due to their flexible nature in different time and place conditions, for this reason they left it to [[The Fourteen Infallibles|innocent Imam]] to issue rulings based on [[Maslaha|public interest]] (p. 399). This sentence is the main contention of [[Sayyid Javad Varai|Seyyed Javad Warei]], a member of the academic staff of the Seminary and University Research Institute, in the article "Variable Materials, the Axis of Political Laws". According to him, these matters do not have a fixed ruling, and when the [[Maslaha|public interests]] change, the rulings also change. He also points out to the several distinctions between the criterion [[Maslaha|expediency]] in [[Sharia]] rulings and the criterion expediency in [[Governmental ruling|government rulings]] including: (a) The [[Maslaha|expediency]] of [[Sharia]] rulings is recognized by God, and the [[Maslaha|expediency]] of [[Governmental ruling|government rulings]] is recognized by the ruler of society; and (b)The expediency of the first type is fixed and the expediency of the second type is subject to different time conditions (p. 386).
 ===Solving the problem of law and jurisprudence===

Jurisprudence and Law (book): Difference between revisions