Typology of Rules of Quran and Tradition in Comparing and Contrasting Criterion of Contradiction in Principle of Conditions
Subject Areas : Civil jurisprudence, private law
1 - مدرس سطوح عالی حوزۀ علمیۀ قم
Keywords: Condition, contradiction to Book and tradition, criterion, positive rules, imperative rules, non-imperative rules.,
Abstract :
The important status of the principle of conditions in jurisprudence and the rights of undertakings is something clear. The recent version of this principle excludes conditions countering the Book (Holy Quran) and tradition. Identifying the conditions countering the Book and tradition and putting forth a regulation to help the experts in Islamic law, jurists, and in cases the judges in comparing and contrasting instances of contradiction to the Book and tradition, will be very helpful. The classification of orders by the Book and tradition into positive and imperative rules, and the imperative rules into mandatory and non-mandatory, the researcher came to know the difference in the existence of criterion contradictory to the Book and tradition. This paper has embarked on typology of Quran and tradition and presenting a criterion for readdressing the condition contradictory to the Book and tradition.