نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه آزاد اسلامی، واحد یاسوج، ، یاسوج، ایران
2 استادیار، گروه حقوق، دانشکده علوم اجتماعی، دانشگاه پیام نور، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Construction or going beyond the apparent meaning of the word to the non-apparent meaning is one of the approaches of understanding the text. Because using this method seems to be effective for understanding authoritative proofs in Figh, and on the other hand, there are well-known rules in the word of the science of Usul al-Figh, like the theory of Appearance, which prevent the constructive approach, Therefore, it is necessary to evaluate the status of construction in the principles of Usul al-Figh and its relationship with the theory of Appearance and its difference with interpretation. So, the main question of this research is to identify the fields of constructionism in the knowledge of Usul al-Figh, which The worthy efforts of some of Usulian in this regard are commendable, although this effort has been neglected and this article tries to identify and introduce them. This paper has been addressed by descriptive-analytical method. The necessity of not being satisfied with the inherent relationship between word and meaning, the necessity of establishing the serious will of the speaker, the customary plural, the necessity of adapting the rules used from the text to the inherent decency and obscenity, synchronizing with the holy legislator intentions, distinguishing between direct and non-direct audience, the possibility of departing from the implication of appearance in the assumption of corroboration, the superiority of conventional meaning over literal meaning are the most important findings of the current research, all of which show the constructive capacity of words subject in the science of Usul al-Figh to the extent of classical hermeneutics, which adheres to the text, the history of the text, and the intention of the author.
کلیدواژه‌ها [English]
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