Principles of the Development of Transactions Jurisprudence

Mohammad Sadegh Elmi Sola, Mohammad Taghi Fakhlaei, Mehdi Moradi

Abstract


When considering the jurisprudence despite the apparent integrity in the whole structure and nature, from the perspective of subject-internal divisions, differences can be seen that cannot be denied. Classification of different sectors of jurisprudence on issues involving, apart from a facility that creates for the visit and study is the evidence for the existence of differences in the divider. Attention to these differences is underlying of some today's theories. For example, facing with increasing developments of social phenomena and the need for flexibility and dynamic of jurisprudence, a theory is partly accepted that refers to the existence and attention to constant and variable domains in the jurisprudence provisions. The result of this approach generally introduces the domain of changes as transactions jurisprudence that when necessary has the ability to change, while constants are worshiping jurisprudence that stability is considered a fundamental pillar of their validity. That jurisprudence in the area of variable transactions can be seen transform and synchronize with changes is originating from nature that is the distinction of this part from other areas of juridical. In other words, the other property of transactions jurisprudence that originates from features such as the guidance of the commandments in this passage, arguing the provisions for the detention of worship section, religious orders and, ultimately, the possibility of understanding Sari materials for concealment of worship materials on human intellects causes that jurisprudent not considered its structure far from the availability of human reason and by understanding its materials provides the extended field and at the time of considered non-interest permit to change easily. This article briefly from these special privileges of transactions jurisprudence as the principles of development provides an analytical report.

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DOI: https://doi.org/10.5539/jpl.v10n1p252

Copyright (c) 2016 Mohammad Sadegh Elmi Sola, Mohammad Taghi Fakhlaei, Mehdi Moradi

License URL: http://creativecommons.org/licenses/by/4.0

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