1
Faculty Member of The Research Institute of Hawzeh and University
2
Faculty Member of The Qom University
3
Private Law, Law Faculty, Qom University, QomT iran.
Abstract
Abstract With regard to legal rulings, the wise legislator might issue a general ruling at first but later he introduces an independent specific concept which is extremely common and accepted in setting legal rulings because some laws might be enacted in the general form because of the gradual prudence in explaining the laws and the later the real ruling is declared in the form of an independent the specific law. But could such specific rulings be accepted in legal rulings? Or do we have to follow minor Naskh or find a middle ground in these cases? In this paper, first Takhsis , its various forms and circumstances are defined and compared with similar and relevant terms. Next, the independent specific concepts in religious rulings are compared with those in legal rulings so that we can find out whether there is a unified logic dominating these two concepts or there are contrasts between these two.
ghafi, H., fahimi, A., & Azizollahi, M. M. (2021). Difference between logic of Divine and Human Legislation on the Field of the Matter of Separate Specification. Islamic Law, 17(67), 91-109.
MLA
hossein ghafi; azizollah fahimi; Mohammad Mahdi Azizollahi. "Difference between logic of Divine and Human Legislation on the Field of the Matter of Separate Specification". Islamic Law, 17, 67, 2021, 91-109.
HARVARD
ghafi, H., fahimi, A., Azizollahi, M. M. (2021). 'Difference between logic of Divine and Human Legislation on the Field of the Matter of Separate Specification', Islamic Law, 17(67), pp. 91-109.
VANCOUVER
ghafi, H., fahimi, A., Azizollahi, M. M. Difference between logic of Divine and Human Legislation on the Field of the Matter of Separate Specification. Islamic Law, 2021; 17(67): 91-109.
