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

Document Type : Original Article

Authors

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

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

10.22034/ijrj.2019.546202

Abstract

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.

Keywords


Afandi, M. A. (1998). Collection of messages of Ibn Abidin. Beirut: House of Muslims.
 Aegbal lahori, M. (2017). My life and religious thought. Tehran: Public Joint Stock Company.
Alhesas, A. A. (1998). The provisions of Qur'an. Beirut: Arabic Books Revival House.
Alidousti, A. (2013). Jurisprudence and expedient. Tehran: Organization of Publications of Institute of Islamic Culture and Thought.
Alidousti, A. (2013). Jurisprudence and wisdom. Tehran: Organization of Publications of Institute of Islamic Culture and Thought.
Alidousti, A. (2016). Jurisprudence and custom. Tehran: Organization of Publications of Institute of Islamic Culture and Thought.
Alshafeei, M. A. (2000). Mother. Beirut: Arabic Books Revival House.
 Alshatebi, A. M. (2008). Approvals. Beirut: Man's son's House.
Amadi, A. M. (1999). Judgments in judgments. Beirut: Arabic Books Revival House.
Amin, M. (1992). Publishing the custom in building some judgments on custom. Beirut: Media Advertising.
Ansari, M. (1990). Gains. Qom: Islamic Propagation.
Bokhari, M. (2001). Healthy steam. Beirut: Man's son's House.
Harrani, A. H. (1999). Selected from the textbook. Damascus: Boy House.
Helli, H. M. (1987). Rules of judgment in knowledge of halal and haraam. Qom: Islamic Propagation.
Helli, H. M. (1989). The first shake in the liberation of the river. Qom: Islamic Propagation.
Hur Ameli, M. H. (2011). Shiite methods in the collection of Shari'a issues. Qom: Boostan Book of Qom.
Ibn Khatib, M. A. (2003). News in Granada. Beirut: Scientific Books House.
Ibn Manzour, M. M. (1999). Arabes Tong. Beirut: Exported Home.
Ibn Qayyem, J. (2001). Inform the signers of the lord of the worlds. Beirut: House of Muslims.
Khorasani, M. K. (1990). Sufficient assets. Qom: Islamic Complex.
Magatel, S. A. (2002). The similarities and analogies in the Qur'an. Qom: Science House.
Mahmasani, S. R. (1946). Philosophy of the Enlightenment. Beirut: House of Science.
Makarem Shirazi, N. (1987). Polls. Qom: Islamic Propagation.
Makarem Shirazi, N. (1996). Commentary sample. Tehran: Islamic Library.
 Malek, A. (1996). The facility. Beirut: Media Advertising.
Marof, M. (1995). Introduction to the fundamentals of Jurisprudence. Beirut: Scientific Books House.
Mesbahe Yazdi, M. T. (2016). Teaching philosophy. Tehran: Imam Khomeini Institute of Education and Research.
Mohamad Rashid, R. (2007). The fundamentals of general legislation in Islam. Egypt: University Publishing House.
Mohammad Gazali, A. (1983). Almustasfi Men Elm Osouol. Qom: Science House.
 Motahari, M. (1997). The end of prophecy. Tehran: Professor Motahari Foundation for Cultural Science.
Mousavi Khomini, S. R. (1987). Editorial. Qom: Science House.
Mousavi Sabzewari, A. (2010). Mahzabal Ahakam va halal and haram. Qom: Interpretation   
Naeini, M. H. (2005). Caution and boredom. Qom: Boostan Ketab.
 Rashid Reza, M. (1947). Tafsirol Manar. Damascus: Islamic House.
Roshd, M. (1996). The beginning of diligence and the end of the frugality. Damascus: Islamic House.
Saneei, Y. (1990). Referee team. Qom: Meysam Publication.
Seliba, J. (1988). Philosophical culture. Tehran: Hekmat Publication. 
Tabari, M. J. (1989). Tabari's commentary. Qom: Islamic House Institute.
Tabatabaei, M. H. (2001). End of judgment. Qom: Islamic publishing.
Tousi, A. M. (2009). The provisions are relaxed. Qom: Interpretation House.