Custom and Its Position in the Principal and Jurisprudential Works of Imam Khomeini and Shahid Sadr

Subject Areas :

sajedeh rasouli ¹ (PhD gratuated in the field of jurisprudence and the basics of Imam Khomeini's thought rights, Department of Jurisprudence and Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)
Hamid Eivazy ² (Assistant Professor, Department of Jurisprudence and Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)
Reza Ranjbar ³ (Assistant Professor, Department of Jurisprudence and Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)

Received: 2020-10-19 Accepted : 2020-10-19 Published : 2020-10-19

Keywords: Imam Khomeini, custom. wisdom custom, Shahid Sadr, Inference of Shari'a Laws,

Abstract :

Given the importance of custom in deriving religious rulings, especially in new issues, the study of the works of jurists in the use of custom, helps to use it better. Examining the jurisprudential and principled works of Imam Khomeini and Shahid Sadr as influential jurists in the evolution of jurisprudence who have proved the authority of custom with strong arguments, is appropriate and worthy to prove this issue. For this purpose, the study of his argumentative and principled jurisprudential texts has been done based on the library method and content analysis and their statements have been reviewed. The main purpose of the article is to find out how they use custom in both theoretical and practical thought. . According to the above purpose, the main question of the article is how the two great jurists in their principled jurisprudential tradition have used custom within the scope of the book and tradition and whether or not they have explained and practiced custom according to their time. Have? The results of the research show that both jurists, while using custom and quoting it in many fields, consider custom beyond space and time, while believing in its authority by the shari'ah and considering the influence of time and place in jurisprudential issues. It is necessary to use the important and practical source of custom in adapting jurisprudence to the current situation and conditions in order to rationality and solve today's problems