نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد، ایران
2 استاد دانشگاه فردوسی مشهد، ایران
3 دانشیار دانشگاه فردوسی مشهد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Jurisprudential thematology is one of the most wide-ranging areas of jurisprudential disagreement. This discrepancy has emerged in various ways and in various situations, including the problem of dissolution of transactional issues. This article, based on the descriptive-analytical and exploratory method, presents a picture of the widening disagreement and also explores the causes of the disagreement. Despite the fact that the customary nature of the matter is a maximum agreed subject, but the views in identifying how to arbitrate the custom have been varied and this difference has led to the failure of precise definition of the issue and this difference has led to the inference of the verdict in the next step. In the meantime, the approach to the subject through the ways of the text has not been overlooked by some. The result of the research is that the kind of views of the jurists and the way they deal with textual documents on the one hand and the unregulated effort in discovering the common position in interpreting transactional issues on the other hand has led to inevitable problems in the field of thematology and in this way identifying the areas of disagreement and its origin of disagreement and increasing delay in the thematology criteria helps to reduce the volume of differences and achieve common results.
کلیدواژهها [English]