Abstract:
SUBJECT AND OBJECTIVES: Religious rules in Shiite
jurisprudence are inferred from the four sources of the Quran,
Sunnah, reason and consensus; but in addition to these sources,
some foundations such as common law are also mentioned. Based
on it, the question arises here “what are the roles of common law
and Ertekazat in common law in understanding and inferring the
religious rules? This article seeks to answer this question and tries
to study and analyze the functions of common law in
understanding and inferring the religious rules. The research
hypothesis is that common law and Ertekazat in common law are
used in understanding the words of religious arguments, subjecting
and de-subjecting of common law for the religious documents,
proving or denying some rights and other issues that are used by
jurists and lawyers in the process of inferencing.
METHOD AND FINDING: The research method is descriptiveanalytical.
One of the findings of the present study is that most
scholars of the Islamic jurisprudence and law have not
distinguished between these two foundations; but it is more correct
that common law is considered from the category of objective
matter in the practical life of people, but Ertekazat in common law
are from the category of subjective matter.
CONCLUSION: Presence of custom in the scene of inference
causes the contemporary Muslim to realize that the religious
rulings are made according to the customary understanding, facts
and tangible needs, and therefore in his spiritual biology more
obedience to the rulings, commands. He will have the divine and the
spiritual program of Islam and his spirituality will be strengthened.