The methodology of establishing the principles governing the family by relying on the method of exploration of Martyr Sadr

Document Type : Specialized scientific

Authors

1 Member of the faculty of Imam Sadiq University

2 Master's student in family law of Imam Sadiq University

Abstract

The reviews that have been done so far regarding the principles governing the family have mostly been about explaining the examples without explaining the concept of the principle, government and the method of deriving these principles from the verses and traditions. Since every inference requires an explanation of the method, therefore, in this research, using the rules and basics of the "exploration" method of Martyr Sadr in the book "Economics", which is considered a new theory in the presentation of the economic school, to explain the methods and mechanisms of inferring the ruling principles. Let's talk about family from verses and hadiths. The most important mechanisms of the discovery method that are investigated in this research are: repetition and emphasis of the law, collective addresses using common words, discovering the criteria of rulings and the method of establishing the validation of the tools of this inference in the family field, which gives more credit to the principles of discovery. It turns out that today these principles are very important in policy-making, legislation and implementation in jurisprudence-family law issues.

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