A Consideration on the Problem of Legislator Silence

Subject Areas : All jurisprudential issues

Reza Ranjbar ¹ (استادیار گروه حقوق و علوم سیاسی، دانشگاه آزاد اسلامی واحد تبریز، تبریز، ایران)
Rahim Vakilzade ² (استادیار گروه حقوق و علوم سیاسی، دانشگاه آزاد اسلامی واحد تبریز، تبریز، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2010-09-23

Keywords: silence of lawmaker, reason, orderes inference,

Abstract :

The discussion of silence of law maker has deeply connected to thesubject of sources of orderes inference. If we regard the reason andmethods of rationalists as a orderes source , we can not claim thatthere are all orderes , generally and particularly , in Quran andTradition (sunah) , but we see that in addition to holy scripture andtradition, The reason is regarded not only as a instrument of holyscripture and tradition understanding , but also as a sourse of issuingorderes that human societies need them. This thesis can provide thesituation for dialog and harmony of science and religion. If oneregard holy scripture and tradition as a only valid source of ordersinference and on the other hand claims that the religion can satisfyall needs and demands of humanity and that Islam is final religion,Then he will deny the silence of law maker and believes that allmatters and subjects have their own canonical orders. There aredifferent views concerning this matter. A group believe theinclusivness and self-sufficiency of holy scripture and tradition insatisfiny of all humanity needs and demands. And another grouphas not accepted such a inclusiveness and self-sufficiency. Thirdgroup has accepted middle and moderate view. We claim in thisessay that the third view namely middle view is closer to the truth.