نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق دانشگاه بزرگمهر قائنات
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Although the sanctity and void of gambling and robbery are considered to be Islamic Sharia laws, however, the legislator in Article 655, by virtue of jurisprudential sources, has excluded such cases as horse riding, shooting and fencing. How such an exception came into the legacy of jurisprudence and its relation to the demands of the modern age and whether it is possible to use emerging examples of Imamiyyah jurisprudence to include emerging examples in the bidding and to consider them as allegorical rather than modern. No, the present paper has led a comprehensive study of jurisprudential documentation in a descriptive-analytic research. The results of the study show that by converting the subject and changing the case, the said cases are not capable of providing the lawful purposes of prescribing such a judgment; therefore, it is necessary to replace new cases with the essence of judgment and in the light of time and place according to the requirements of time and place.
کلیدواژهها [English]
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