نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه مذاهب فقهی دانشگاه ادیان و مذاهب، قم، ایران.
2 پژوهشگر و مدرّس دانشگاه ادیان و مذاهب قم.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Expediency in the sense of spiritual goodness of the servants (of Allah) due to the legislation of divine laws is the most active element that covers all the topics of jurisprudence and has a significant effectiveness in the jurisprudence of religions. However, whether this efficiency has an independent aspect, and with which the deal becomes an independent reason, or acts, as a tool in the process of inference, is debatable. The instrumental role of expediency is the common interest of religions, but there is no equality in its independent role. The finding of the study shows that although many believe that Malik, Ibn Hanbal and even Shafe'ei believe in the independence of expediency, but this belief can not be proven from their jurisprudential and Usul sources. However, when the element of expediency comes in through the validity of merit in the jurisprudence of Hanafis, Malikis and Hanbalis, and through analogy in the jurisprudence of Shafe'eiyah, has a lot of evidence, in which case, a conceptual confusion between merit and interests is not impossible. At the same time, the extensive role-playing of the element of expediency in the jurisprudence of religions leads to the conflict of different interests in the subject of the task as the most central point and it can be resolved in the precedence of the interests of the essence of action over the ancillary expediency.
کلیدواژهها [English]
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