نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق، واحد لاهیجان، دانشگاه آزاد اسلامی، لاهیجان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The essence and the appearance are among legal jurisprudential phenomena, which are the criteria in the proceedings, both at the stage of determining each of the claimant and the defendant, and at the stage of drafting and issuing a verdict. These two phenomena are sometimes in harmony with each other and sometimes they are in conflict with each other. When there is a conflict between the principle and the appearance, which one takes precedence over the other, and what is the general rule to resolve the said conflict, is itself the point of contention and violation between the scholars of Shia jurisprudence and law; Therefore, the present article, in order to explain and achieve this important, after extrapolating the mentioned cases of conflict between the principle and the appearance in the jurisprudence writings of Shia jurists and expressing the forms of the conflict and its possible assumptions in the literature of Shia jurisprudence and law, examining some examples. Some of the conflict between the principle and the appearance will be revealed, so as a result, the stability of the hypothesis of the regularity of the conflict between the principle and the appearance will be shown.
کلیدواژهها [English]
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