The relationship between morality and jurisprudence and legal rulings

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

 Man is the only creation of God, who according to his free will, in order to achieve happiness and perfection, he needs a law and a comprehensive plan that can bring him to his goal according to all aspects of his existence. Jurisprudence and ethics constitute a set of laws which are authored by God and he established them according to all dimensions of human existence and his optional actions. Therefore, they have a special importance and position. Regarding the relationship between morality and jurisprudence, three forms can be imagined: the distinction between morality and jurisprudence, the conflict between morality and jurisprudence, and the complementarity of morality and jurisprudence. According to the investigations, the third relationship between these two sciences is true, and the following reasons can be pointed out to prove it: including the fact that ethics is based on the law because it is not possible to purify the inside without correcting the outside, and the fact that ethics has a direct relationship with human beliefs and an indirect relationship with jurisprudence, as well as the mention of moral teachings along with jurisprudence is the best executive guarantee to act on It is jurisprudence. In order to examine the relationship between these two sciences, since there is a need for information about them, first, preliminary mentions regarding the subject, method, and goal of these two sciences have been made, and in the next step, the relationship between these two sciences has been examined. Today, morals and rules are mixed together. Of course, this combination does not mean the complete observance of ethics in politics, but it means the ratio that must exist between the two. Either morals are followed or not. This concern still exists in society today. It can be said that in Islam, it has always been ordered to observe ethics, justice and humanity in matters of rulings, jurisprudence and law

Language:
Persian
Published:
Arshian Fars Jurisprudence and Legal Journal, Volume:1 Issue: 3, 2023
Page:
5
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