The Critique of Achievement and The Poverty of Osul

Document Type : Original Article

Author

Member of Law Faculty of Farabi Campus in University of Tehran

Abstract

Osul al-Fiqh was a collection of knowledge and technics related to inferring rulings from valid Islamic religious sources that gradually formed alongside the science of jurisprudence (and was initially considered as a tool for understanding the Book and tradition and extracting rules correctly from these sources; But then it was considered as an independent discipline. With the establishment of law schools in Iran, one of the courses that established as specialized courses in law was Osul al-Fiqh, and then many books were written by law professors in this field, and in the lab of law books, especially civil law, citing rules and basic techniques becomes an ordinary method. In this article, based on the research and experience of two decades of teaching Osul al-Fiqh, the author has tried to critique the common misconceptions in this field, and finally, as a result of this critical study, it has been suggested that this discipline is called "legal reasoning" in The law school, should be completed and special attention should be paid to the method of its learning as a knowledge and technic in law faculty and during the internship in judging and advocacy.

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