نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
In this article we will explain semantics analysis of "Al-Ta'zir Bema Yarah al-Hakim" and opinions of Sunni and Shiite about government jurisprudence and we will offer a model of government. Ta'zir does not only mean punishments less than Hadd, but means continuum contrivance or juridical politic and opinion means governor's opinion which considers individual expedients and also generic expedients. So the second trait (beyond religions) of government jurisprudence appears, because regardless of the principles of government legitimation, government jurisprudence is the same in government sentences and principles and ruls of the whole jurisprudence. So we could claim Islamic jurisprudence is not limited to one religion in government category and has so many horizons and is limited to one religion in non- government category.