نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه ایلام، ایلام، ایران (نویسنده مسئول)
2 دانشیار فقه و مبانی حقوق اسلامی. دانشکده الهیات و معارف اسلامی. دانشگاه ایلام، ایلام، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Interference is the important issue in methodology and intellectual debate by which Usulis can solve problems of the contradiction among edicts in obedience position. Shahid Sadr has excluded the interference from real conflict and included it in the entry part. From the view point of object of association , despite of difference in dividing , it can be summarized in three sentences: interference from lack of capacity of legally commanded person(mokallaf) , interference from precedence of unlawful issue for obligatory and interference from casual correlative two external act Conflict arises in the field of rules and criteria ; when preference of object of association of one of them is forced , the preference in the first issue( edicts) of duties of the legally commanded person and the second issue ( common basis) is by the master. The requirement of the primary rule in the interference among edicts is disambiguation and it is not among common basis, because, it is impossible to gain the intellect. The most important result of balance and equality between two interference edicts is unity and plurality of punishments. If interfered edicts are not equal importantly , the edict which is more important precedes other one. However, Usulis have mentioned different preferable edicts in terms of object of association of edict, each of them has many effects in different issues of urisprudence. Since jurists have difference in interference and its categories and are responsible for it and its correction ways , it is important to investigate it; thus, authors have investigated it by descriptive-analytic method.
کلیدواژه‌ها [English]
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