1
PhD Student of Theology and Islamic Studies (Jurisprudence and Fundamentals of Imam Khomeini's Laws and Thoughts), Khomein Branch, Islamic Azad University, Khomein, Iran.
2
Professor, Department of Theology and Islamic Thoughts, Faculty of Humanity, Saveh Branch, Islamic Azad University, Saveh, Iran. (Corresponding Author)
3
Assistant Professor, Department of Law, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran.
10.22034/jccj.2023.388130.1220
Abstract
The Aim of Sharia is one of the important issues in jurisprudence, which is important for the dynamic development of jurisprudence. The purpose of this article is to examine the question of what is the place of theMezagh of Shariat in Imami jurisprudence and what are its functions in jurisprudence and criminal law? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that although the Aim of Sharia is not considered as an independent reason among the evidences for inferring Sharia rulings, but by examining its examples, it is clear that this matter has been cited by jurists as an independent evidence from other inference evidences even without explaining its elements. By explaining the elements of Aim of Sharia, it can be considered as an independent reason among other reasons and cited. The Aim of Sharia is in line with the goals of Shariah and it is a way to implement and realize the goals of Shariah. The sanctity of Tasbib, adopting the approach of reforming and improving the criminal in Taziri punishments, caution in blood and taking property from the usurper is the most important function of Aim of Sharia in jurisprudence and criminal law.
Hosseini Nasab,S. M. , Ghayumzadeh,M. and Golkhandan,S. (2023). The Aim of Sharia in Imami Jurisprudence and its Function in Jurisprudence and Criminal Law. Comparative Criminal Jurisprudence, 3(3), 99-112. doi: 10.22034/jccj.2023.388130.1220
MLA
Hosseini Nasab,S. M. , , Ghayumzadeh,M. , and Golkhandan,S. . "The Aim of Sharia in Imami Jurisprudence and its Function in Jurisprudence and Criminal Law", Comparative Criminal Jurisprudence, 3, 3, 2023, 99-112. doi: 10.22034/jccj.2023.388130.1220
HARVARD
Hosseini Nasab S. M., Ghayumzadeh M., Golkhandan S. (2023). 'The Aim of Sharia in Imami Jurisprudence and its Function in Jurisprudence and Criminal Law', Comparative Criminal Jurisprudence, 3(3), pp. 99-112. doi: 10.22034/jccj.2023.388130.1220
CHICAGO
S. M. Hosseini Nasab, M. Ghayumzadeh and S. Golkhandan, "The Aim of Sharia in Imami Jurisprudence and its Function in Jurisprudence and Criminal Law," Comparative Criminal Jurisprudence, 3 3 (2023): 99-112, doi: 10.22034/jccj.2023.388130.1220
VANCOUVER
Hosseini Nasab S. M., Ghayumzadeh M., Golkhandan S. The Aim of Sharia in Imami Jurisprudence and its Function in Jurisprudence and Criminal Law. JCCJ, 2023; 3(3): 99-112. doi: 10.22034/jccj.2023.388130.1220