نوع مقاله : مقاله پژوهشی
نویسندگان
1 علوم قضائی
2 هیئت علمی پژوهشکده امام خمینی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Discussing the origin of the legitimacy and validity of the law, as the rational justification of the people's compliance with the law, is one of the most controversial and key variables of the legal rule. This paper, by analyzing the binding principles of these rules in Islamic law by reviewing legal ideas, seeks to answer this requirement in terms of the theological foundations of the Mu'tazilites and Ash'arites, and in this way, the intellectual differences between these two workshops on the attitude toward the category:Speaking of admiration and denunciation of rational or religious. What is being questioned at the same time, is whether the rule of reason based on reality can be the source of the existence of a religious order on that subject or not? Islamic scholars have given different answers to this question, and in some cases, despite the acceptance of the provisions of the law, despite accepting the ability of reason to understand the terms of the judgments, they have not accepted the relation between the ruling of reason and the religious order. According to this view, reason has no place in the discovery of a religious order. But in the opinion of the rationalist doctrines, the human intellect can, in some cases (especially non-worship),attain the cognition of the rules of the law, and if, in the interest of compulsion or serious corruption, it is definitely recognized, the conjunction between the verdict of reason And the Shari'a rule, understand the existence of a religious order in accordance with the rational order; in general, from the point of view of Islamic law schools, whether Mo'ital and Ash'ar, human beings have the right to self-determination in terms of their scientific and moral qualifications and the probability of error. And does not have legislation unless it is granted to him.
کلیدواژهها [English]
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