نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار فقه و مبانی حقوق اسلامی دانشگاه قم، قم، ایران
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی دانشگاه قم، بلوار غدیر، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the topics that has many results and effects on the science of jurisprudence and usul and also law is "etlaghe maghami". According to the majority of scholars, two definition have been proposed. If in one position "share" addresses the elements and conditions such that some of the components and conditions are stated and some are not, we note that the part that has not been stated, have no role in his purpose. Another definition is initiatives of "mohaqeq naeini": if a constraint such as credit intention in prayer be involved in order of lord, it should be required to explain to responsible person. Because expression may not tie up through word, it should be expressed with another way that is " motammeme jal". So he must give another command. Since this discussion has not been independently investigated, in this paper we have tried to explain the nature and arguments of "etlaghe maghami" and its difference with "etlaghe lafzi" and some of the examples mentioned in jurisprudence, as well as its application in law. This research may clear aspects of this issue and provide areas for further research.
کلیدواژهها [English]
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