تفكيك تكوينيات از تشريعيات در فقه و اصول با تكيه بر آراي امام خميني (س)

Distinction of Evolutionary Principles from Legislative Principles in Jurisprudence and Principles of Jurisprudence in Viewpoint of Imam Khomeini

The disciplines of Jurisprudence and Principles of Jurisprudence are among the disciplines that deal with conventional issues. Conventions have their own domain and their existential status is in the control of the authoritative. Some of the jurisprudents, regardless of conventional concepts, issue the decrees of true concepts for them. For instance Akhund Khorasani in some cases has relied on the principle of "al-wahid" or impossibility of antecedence of condition or impossibility of combination of contradictions, while rational rules belong to the world of evolution not divine legislation. In the world of divine legislation condition may materialize after the conditioned or cause may come after effect, for it is conventional and is in the control of the authoritative and will not face any rational objection. Attempts have been made in the present article to provide a picture of true and conventional issues and their decrees and consequences in their existential fields. Since Imam Khomeini does not permit intermingling of conventional issues with the true issues, the picture has been depicted by relying on his viewpoints.