shaban haghparast; kourosh kaviani; hamed kahvand
Abstract
The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible ...
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The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible area, why is there the Permissible area and how to adopt a legal norm? These issues have been evaluated in this article through descriptive and analytical research methodologies. Permissible area is an area in Islamic Sharia Law in which legal rules are established through the rational method and they are based on the concept of "expediency". Although the legal rules have a hypothetical nature, they are not pure hypothetical rules. Regardless of whether the legal rules are based on a hypothetical or real nature, "ultimate cause" could explain the connection between real proposition and legal rules. The advantage and disadvantage of the criterion of the legal rules depends on whether they are appropriate or inappropriate for the expediency". Religious interests, including the expediency of binding ordinances, the goals of religion and ethical issues, are among the issues that should be considered by the legislator in the process of legislating in the Permissible area.
