Click for new scientific resources and news about Corona[COVID-19]

Paper Information

Journal:   MAQALAT WA BARRASIHA   2002 , Volume 35 , Number 71; Page(s) 187 To 207.
 
Paper: 

A JURISTIC STUDY OF EXIGENCY AND NECESSITY

 
 
Author(s):  VATANI A.*
 
* 
 
Abstract: 
Exigency and Necessity are the well-know secondary titles of Islamicjurisprudence which have been referred to on its different levels.Although they have had an influencial role in the removal of individualand social impediments, the Shia jurists have never studied themindependantly and coherently, and their regulations and punishments still remain undefined. Thus, they are sometimes refered to unduly inlegislation, during execution, or even as being the origin or reason for apiece of legislation.
The present essay aims to go a step forward towards filling this gapby trying to clarify the meaning of these two titles and their references it will also show that the meaning and the executive domain of these twoare identical.
It also undertakes to persent the regulations, conditions, and causes for exigency, and compares necessity with public interest and free will with obligation caused by exigency. It also discusses whet here or not exigency is individual or general, and finally introduces some of thejuristic applicabilities of the principle
 
Keyword(s): 
 
References: 
  • ندارد
 
  Persian Abstract Yearly Visit 56
 
Latest on Blog
Enter SID Blog