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Social understanding the legal text Study in the light of the knowledge of the principles of jurisprudence and philosophy of law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 1, Volume 6, Issue 2, 2015, Pages 320-355 PDF (0 K) | ||
| DOI: 10.63677/jqlap.2015.114555 | ||
| Author | ||
| Safa M. Fajah | ||
| Abstract | ||
| The first of the foundations of social understanding of the text theory is the Islamic thinker, philosopher, Mr. Mohammed Baqir al-Sadr (Jerusalem secret) who baptized by which to read the legitimate text from the point of customary and based on the fulcrum year and mentality common to the time and place designated and expressed by (the social understanding of the text) . We tried to do our part in this research that Ntoa this theory on the legal text, what the social worker's role in the understanding and interpretation of legal texts, as is the case in most of the schools affected by the explanation of the circumstances and social concepts, as a teacher of free scientific research and social school. And we found that social understanding the legal text is not limited to the mysterious only texts, but even in some peremptory texts in significance can not stand on its meaning, but shed social worker, such as the word (Bricks ideals, morals, the market price), although frankly quite Olvazaa only he can not stand on its meaning in an integrated manner, but knowing Akiem things Almassadik customary public morals and the common price in the minds of people in a given time and place. And can not say that social understanding is custom itself, because there are many differences between them, notably the social understanding is the concepts and ideas shared in the minds of people and affect their behavior, contrary to custom, which is the behavior of Amejrd ideas, and also features a social understanding not binding as the speed of change, as in market prices and wages ideals and the ability of the parties to agree on the succession, and this is contrary to custom, and the extent of binding as slow its formation, and our judicial applications in it. | ||
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