The Role of Time and Place on the Evolution of Ijtihad in Criminal Sentences of Islam

Document Type : Original Article


1 Ph.D. Candidate, Department of Penal Law, Mazandaran University, Babolsar, Iran

2 Associate Professor, Department of Penal Law, Mazandaran University, Babolsar, Iran



Diligence is a process to understand the religion, discover and infer the religious orders. After 6th century, the meaning and basis of diligence in Islamic law have been changed and a new idiomatic expression has been created in which probably based on that, friendly and traditionally called people of diligence. Among Traditional followers, the oldest text about diligence’s usage with this new definition apparently is the valuable book of “Almustasfi” by “Imam Mohammad Ghazali”, which had nominated wisdom as a tool and even a reference of diligence, even though among religious scholars who were according to them. They are living in obstruction age or monopoly of diligence. New idiomatic diligence could be known as in Helli’s certain phrase at the beginning of chapter nine of “The principle of ascension” that describes some articles in order to diligence’s truth. Diligence in jurists’ customs is effort in religious orders extraction, since religious order is not commonly gained from texts appearance, but getting to know them is based on theoretical rules as well as raising reasons. Nowadays, with attention to modernity, occurred situations or in the other word, time and place’s requirement, diligence goes over comparison and the rest of traditional references, in cases where there is a need for serious change, particularly punitive sentences, one should consider the rationale of religious, and customary rationality.


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