نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The taste of Shari'a is a way of inferring legal rules and is considered indicative of Shari'a. It has been used by many jurists such as the author of Jawahir al-Kalam as a method to extract and infer Islamic laws. Because of a lack of a precise and coherent definition, the concept of the taste of Shari'a has suffered from many ambiguities on the one hand, and has been seriously criticized by others on the other. Failure to express the distinction of this title from other titles such as the clarification of the criterion (tanqīḥ al-manāṭ), juristic discretion (istiḥsān), public interest (al-maṣāliḥ al-mursala) , purposes of Sharia and the like are among the cases that have caused conceptual and manifestational ambiguity.
Using a descriptive-analytical approach to the truth of the taste of Sharia and inspired by solid jurisprudential instances albeit with the help of comparative research, this article seeks to clarify the taste of Shari'a on the one hand and criteria for averting possible harms on the other. It is hoped that this article will help towards furthering research by researchers, but it can be said that there are many innovative ideas raised on this issue, including the definition of the taste of Sharia, criteria in accordance with the principles of inference, response to the criticisms.
کلیدواژهها English