نویسنده
دانشیار مدرسة عالی شهید مطهری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In jurisprudence the decision of the jurisprudent about similarity of unknown and known decree regarding religious command because of their cooperation in reason is called analogy. Analogy in respect to its relation to the will of Lawgiver and legislator is divided in to analytical reasoning and explicit reasoning. The former is an analogy that the reason is not stated explicitly or implicitly, but the jurisprudent and jurist obtain it with inference. Then he analogizes the minor with the major because of their similarities. Shiite jurisprudent authorize the definite analytical reasoning analogy but most of them do not give authority to the conjectural analytical reasoning analogy, even though some of them have applied it in some legal issues and so do the jurists in the law of Iran.
کلیدواژهها [English]
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