نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه الزهرا(س) تهران ایران
2 دانشجو کارشناسی ارشد، گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه الزهرا(س) تهران ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The legislator's effort is to anticipate issues and find appropriate solutions to solve them. But sometimes the legislature's efforts to do so are not as effective as they should be, and the rulings on some issues remain unsaid. In such a situation, judges, when faced with such unanswered questions, are obliged to find a verdict because they have no duty but to administer justice. One of these issues, the ruling of which is not explicitly included in the law, is the effect of Mousa Leh's infidelity and Mousa's murder by him in the discussion of wills. This issue is included in this article as an example of cases of silence in the law, the possibility of inferring its sentence by analogy in Iranian law is examined; Because, what is being questioned is that according to the issues of lack of authority of analogy in general in Imami jurisprudence, in what framework can the ruling on issues of silence in law be extracted with the help of analogy? This research, in a descriptive and analytical way and using the library study method, has clarified that although there are no conditions mentioned in jurisprudence regarding Mousa Leh, unlike the heir. However, considering the distinct position of analogy in jurisprudence with rights, with certain criteria, while considering the position of analogy in jurisprudence
کلیدواژه‌ها [English]
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