Volume 12 - Special Issue on Human Rights and Citizenship Rights                   MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 199-214 | Back to browse issues page

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Soltanzadeh Yamchi M, Jafari Harandi M, Arabiyan A. The Role of Custom in the Adaption of Religious Concepts and Examples and its Application in Citizenship Rights. MLJ. 2018; 12 :199-214
URL: http://ijmedicallaw.ir/article-1-1234-en.html
1- Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Imam Khomeini Memorial Branch, Rey, Iran. (Corresponding author)
3- Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract:  
Background and Aim: Jurisprudential Rulings are General Concepts Related to Issues that are the Responsibility of the Shari'a to Determine and Explain Them. But the Definition and Explanation of all the Issues that are Possible Rulings is not Within the Scope of the Mission of the Shari'a and the Duties of the Jurists; Rather Most of the Topics are Taken From Custom and Society.
The Main Purpose of This Study is to Investigate Citizenship Rights that Have Been Formed as a Result of the Expansion of Today's Societies and are Related to Custom, Which is one of the Important Sources of Legislation.
Materials and Methods: This Research is Theoretical and the Research Method is Descriptive-Analytical. The Method of Collecting Information is in the Form of a Library, Which has been Done by Referring to Jurisprudential and Legal Books.
Findings: Jurists Consider the Role of Credit and Interpretations and a Special Place for Custom. In Law and Sharia, Sometimes Explicitly and Sometimes Implicitly, the Recognition and Application of Issues is Left to Custom. Undoubtedly, Traditions and Customs Gradually Become Social Values or Cause Their Formation. As a Result of this Development in Human Societies, New Issues and Rights have Emerged in the Relationship Between Human Beings in a Collective and Social Life Called Citizenship Rights. This Article Tries to Examine the Role of Custom in Applying Concepts and Examples to the Issues Formed Under the Title of Citizenship Rights.
Conclusion: Citizenship is a General Concept That Includes Civil, Social and Individual Rights and Can be the Subject of Many Laws. Since two Sources of Sharia and Custom are Used in Determining and Codifying Laws; Custom has a Fundamental and Important Role in the Formulation of Citizenship Laws and Where the Law is Ambiguous in Determining Instances and Concepts.

Please cite this article as: Soltanzadeh Yamchi M, Jafari Harandi J, Arabiyan A. The role of Custom in the Adaption of Religious Concepts and Examples and its Application in Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 199-214.
Type of Study: Original Article |
Received: 2019/02/6 | Accepted: 2020/10/12

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