چکیده:
The jurisprudential institution of "Rational Construction," which is a manifestation of "reason" in Imami jurisprudence, can reconcile stability and transformation, especially in the age of "globalization," which has been called the "age of time and space compression"; and keep Islamic rights alive and dynamic. The main question is what attitude jurisprudence has towards new and "innovative" rational constructions, and what views have jurists presented regarding their validity and "legal force"? In this regard, three major perspectives are examined, and it is concluded that: Rational construction, if observed with rules and frameworks, has a very significant capacity for the dynamism of jurisprudence and responding to the needs of the time.
خلاصه ماشینی:
Initial Pages Table of Contents Section of Articles *Dr. Seyed Mohammad Asghari Bina’ al-‘Uqala 1 *Dr. Hassan Jafari Tabar Hamm Shahrvari, Hamm Mobdi, A Discussion on Religious Law in Iran during the Sasanian Period 43 *Dr. Hossein Khaza’i Legal Structure and Obligations Arising from Government Contracts 75 *Dr. Mansour Rahmdel The Right of Man to Privacy 119 *Dr. Amir Hossein Ranjbarian The Position of the Prohibition of Torture Rule in Contemporary International Law 147 *Dr. Mohsen Rahami-Ali Morad Heidari Challenges Facing Criminal Policy Regarding Victimless Crimes 185 *Dr. Seyed Ali Sadat Akhavi Protocol No. 14 and Reform of the Supervisory System of the European Convention on Human Rights 213 *Dr. Roshnaali Shekari The Correlation Between the Influence of an Act on the Right of Another and the Influence of Confession to It 229 *Dr. Mahmoud Erfani Electronic Documents 243 *Dr. Majid Ghamami Compensable Damage from the Perspective of Judicial Practice 261 *Dr. Nasser Katouzian Interpretation of Contract 277 Appendix Section *Dr. Abbas Koudkhodai-Abdulali Mohammadi Legitimacy of the Constitution 311 Article Section 3- According to rational foundations, if it is not innate and based on established principles, it takes shape based on expediency assessment and observing benefits and harms, while the reason of intellect has no connection with expediency assessment.
Ultimately, the Imam’s view has fundamental differences with the famous opinion of the scholars of Usul, which will be discussed later: He says regarding approval or establishing non-rejection: “The reference of the ignorant in these times to the scholars of religion, even though it is innate and they have no way to it except through that, but this bina, unless it is accompanied by approval… it is not permissible to act upon it and…” (Imam Khomeini, 2385, vol.
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