نوع مقاله : مقاله پژوهشی
نویسنده
دانشگاه پیام نور استان قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The essence of comprehension the law in Islamic philosophy is knowledgethat is obtained the beginning of comprehension the law by applying the rules of its interpretation and its end by the act of interpretation.As a result, the essence of the comprehension of the text of the law constitutes the conception of the meaning of the textand this is other than the essence of judgment or proceeding that comes with confirmation knowledge or creation of judgment.In this article, the author attempts to demonstrate the inherent unity of interpretation and its degree in terms of causality, weakness and perfection by expressing the nature of comprehension and their interpretation and effects.Applying the Text or appearance in the legal texts will make the interpretation correct or appropriate and, on both sides of the legislation and interpretation, it borrowing for general and specific rules of interpretation, ie the linguistics rules and legal principles.If the legislator blends words and phrases of text with ambiguity, conciseness, silence or conflict,the judge's interpretational act also does not sit, while this is contrary to the intentions of the legislature
کلیدواژهها [English]