نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق جزا و جرمشناسی، دانشکدهی علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The argument based on the prohibition of ijtihad against the text emphasizes the existence of a prior, explicit, certain, definite, conclusive and independent meaning from the reader and interpreter. What is presented in the form of this statement relies on the interpretive approach of the subject-interpreter. This article research, which was conducted with a descriptive-analytical approach and citing library sources, shows that such an attitude does not include all interpretive approaches and cannot be cited as a principle-interpretive rule; Because apart from the different understandings of the concept of text, how to call the example in the position of proof is also a point of disagreement . Also, a distinction should be made between ijtihad against the appearance and ijtihad against the spirit and meaning of the text. The basic rule of "Every ruling is basis on the reason on which it was established" limits the application of the prohibition of ijtihad against the text; Such as not cutting off a thief's hand in a year of famine and delaying the implementation of the sentencing theft in other cases.
کلیدواژهها [English]
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