Evaluation of the Custom Performance in Changing the Sentence for the Instances of the Customary Issues

• الحاوية / القاعدة: مطالعات فقه و حقوق اسلامی
• المؤلفون الرئيسيون: Mohammad Rasol Ahangarn, Elham Ghanem
• التنسيق: مقال
• اللغة: الفارسية
• منشور في: Semnan University 2018-08-01
• الموضوعات: custom; command; sentence; issue
• الوصول للمادة أونلاين: https://feqh.semnan.ac.ir/article_3136_98a2d6ae0f194d6cabb6535f3908b60a.pdf

In its dealing with the instances of customary issues, the custom can perform in two ways. First, changing the sentence for the instance by the custom due to consider the instance as unrelated to that issue is favored by jurisprudential commands. This rejection of the instance by the custom is acceptable. The second is that the custom considers the instance within the realm of the related issue, yet rejects the application of the sentence to the instance. Since the issues in the jurisprudential commands are factual, a sentence will be issued for the concept that underlies the external instances and so, includes all instances of that issue at all times. Therefore, as far as the issue truly underlies the instances, the negation of the sentence for the instances is impossible. Consequently, this rejection of the instance by the custom after it has been verified that the instance belongs to a specific issue is in fact interference with the legislator's job and is legislation of a new sentence: an act that is disallowed by all jurisprudents.