Recognition of Stream of Evolution of Occurrence Recency Practical Principle

Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Analysis of the stream of evolution of occurrence recency practical principle within the Shiism jurisprudence history as a widely-used principle through the numerous jurisprudential subjects and as an effective principle in legislation will clarify the time and the reason of the change in the jurists views toward the aforementioned principle. Some theories such as generality in permissibility and execution, execution absolute negation and expounding the stream or lack of stream are brought up concerning this principle. Transforming into a demonstrator principle, conflict with the identical principle on one hand, and existence of defects through the components and terms of presumption of continuity are brought up as the grounds for the opponents of occurrence recency practical principle, and on the other hand, in backing and supporting this principle’s stream, it has been cited to some reasons such as intellectuals’ style, the traditional reliance on practical stream in compatible to this principle and the also to the compatibility of the generality of the cause of continuity presumption . The article herein, by criticism and consideration the proofs and presuppositions of the opponents of the stream of occurrence recency principle and solve the figured problems, alongside the discovery of exit from conflict for some doubts forms and non-change of this principle to the demonstrative principle, brings about another description for the doubts forms, and pays attention to the influence of the probability of coincidence of symmetry and the inference of the stream thereto in some cases.
Language:
Persian
Published:
Islamic Jurisprudence Research, Volume:13 Issue: 3, 2017
Pages:
555 to 581
https://www.magiran.com/p1775155  
سامانه نویسندگان
  • Hakim، Mohammad
    Corresponding Author (2)
    Hakim, Mohammad
    .Ph.D Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Farabi Campus, University of Tehran, تهران, Iran
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