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74 International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022
Introduction The functions of common
One of the most controversial law and Ertekazat in common
issues in Islamic jurisprudence law are ambiguous in understanding
and principles and consequently and inferring the religious rules.
in Islamic law is the place of Some jurists and lawyers do
common law and Ertekazat in not adhere to common law and
common law in understanding Ertekazat in common law, and
and inferring the religious others seek to conform the
rules; although the sources of rulings as much as possible to
ijtihad in Shiite jurisprudence the common law of the present
are exclusive and only four time and have somehow turned
sources of the Quran, Sunnah, to religious secularism. These
reason and consensus are ambiguities give rise to the
accepted by the jurists; but a main question: What are the
search in the words of the functions of common law and
jurists reveals the fact that the Ertekazat in common law in
jurists have repeatedly cited inferring the religious rules?
common law and Ertekazat in In line with this main
common law in the process of question, an important sub-question
inference. arises: What effect does paying
At the same time, there are attention to custom in inference
no clear boundaries between have on the spiritual life of
common law and Ertekazat in Muslims in the modern age?
common law, and the two are To answer this questions, in
confused in the writings of addition to the religious texts,
scholars of Islamic jurisprudence the views of jurists and lawyers
and law, despite the similarities must be examined and analyzed,
that exist between them.
