Page 86 - Pure Life 29
P. 86
Functions of Custom Law in … H. Andalib / (85
meaning, and when they are reason”, “acquisitions based
placed together, they convey on the relationship between
that matter. sentence and subject”, “customary
The limitation of custom priority”, “change of text”.
efficiency in the former usage (Alidoust, 2010: 231-233)
can be considered as
“imaginary concepts” and its 3. Referring to custom in
limitation in the discussed conforming customary
usage as “affirmative concepts”. concepts to instances
In previous and last In religious texts, we see
jurisprudential and legist thousands of sentences which
writings, there is a lot of have subjects based on costume
practical and scientific aspect and predicates on religion.
of this usage; for example, the There are some examples
late Seyyed Morteza has such as, usurpation is forbidden;
dedicated a chapter to this buying and selling are allowed;
efficiency in his book of the deal of idiots and lunatics
principles entitled “Chapter on is void; blood is impure;
the allocation of the public to intoxication is forbidden; if it
habits”- although incomplete. is expedient, the guardian can
This efficiency has been seize the assets of the pupil, etc.
mentioned by the later ones In all these cases, the
with titles such as “refinement predicates are religious, whether
of basis of the ruling”, it is a law that did not already
“abolition of specificity”, exist and was legislated by the
“specification of reason”, legislator, or already existed
“restriction of reason”, “failure and approved by the legislator.
to conclude the absoluteness of The terms used by the
