نوع المستند : مقاله پژوهشی
المؤلف
أستاذ مساعد في المعهد العالي للعلوم والثقافة الإسلامیة، إیران؛ قم.
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
One of the jurisprudential methods to solve the novel problems is to resort to practical principles and especially the principle of Bira’at (The presumption of innocence). Criticisms that are brief and sometimes clear in this way require that all the challenges that are raised or may be raised in this regard should be addressed in detail. In this article, they have been discussed, criticized and examined in three angles. 1. The effectiveness of the principle of bira’at in solving the problems. 2. Obstruction of the validity of the novelty of the issue from the principle of bira’at. 3. Obstructing the validity to the new rational arguments from the principle of bira’at. The novelty of the article is in explaining and examining the challenges of these three angles, especially the challenges of the second angle; The importance of which is to clarify the arguments and the scope of the principle of bira’at in solving the novel problems. The method of this research is analytical, collection of library challenges, and some of them are analytical and abstract. The approach of the research is based on Shia Usul Fiqh, with which the Sunni Usul iqh has been compared.
الكلمات الرئيسية [English]
)