عنوان مقاله [English]
Every science, including the civil and penal jurisprudence, will be dynamic when it provides justified responses to the new approaches and their related questions. Some of the new approaches in the discussions of civil and criminal jurisprudence are the necessity of being along line with and paying attention to the conditions and the current and prevailing culture. Some believe that the nature of religion is moral and beliefs that are the inherent of the religion and eternal, but Islamic commandments, both civil and criminal, are not essential and allocated to the custom of the prophet period and is dedicated to the past. Hence, given to the current situation, the change in them, as customary law, is necessary. The writer has tried to separate between religious commandments and common law and in religious commandment itself between the provisions stipulated in the Koran and definite tradition of the innocents (pub) and jurists legal decisions and in a descriptive-analytic way I try to prove continuity and stability of the stipulated juridical orders, and not legal Decisions and common law, on the base of the Quran and tradition.