نوع مقاله : مقاله پژوهشی
دانشیار گروه فقه و حقوق، واحد یادگار امام خمینی(ره) شهرری، دانشگاه آزاد اسلامی، تهران، ایران
عنوان مقاله [English]
Tradition (Sunnat) refers to the deeds, sayings and permissions (or disapprovals) of Infallibles (pbut) which are the essential sources of understanding the decrees after The Holy Quran. When Quotes which convey Tradition (Sunnat) include a decree or law, they are considered as a reason for jurisprudents, and in jurisprudential term, they say that the Tradition (Sunnat) can be used for legislation. However, sometimes, Tradition (Sunnat) narrates the execution of a law or decree by the infallibles (pbut). In these cases, jurisprudents do not consider it for legislation. Now the question will come up: “Is there a rule for recognizing these two types of quotations?” If it is possible to extract such a rule out of the sayings and quotations, there will be a revolutionary change in understanding decrees. In this article the author sets a framework to distinguish traditions representing judgment or traditions representing the way of execution in legislation.