نسبت و رابطه دانش فقه و علم حقوق در نظام حقوقي ايران

Relation and Connection between Jurisprudence and Law in the Legal System of Iran

he science of jurisprudence is a branch of Islamic sciences and law is an important branch of humanities. The position of these two sciences in the legal system of Iran require that the ground of their collaboration in interdisciplinary study is to be presented and the substantial and historical relationship of these two sciences to be studied. In this research the important grounds of relation and connection of these tow sciences mainly nature, subject, problems, aim, foundation, scope, division of the subjects and the method have been discussed generally and briefly and has been emphasized on the methodology of the collaboration of these tow sciences. Jurisprudence based on the theological foundations and grounds guides legal rules to the tradition, moral and religious manners. Law also with regarding to the new subjects and presenting new information from old subjects can provide searching and efficiency of the jurisprudence. Depending on the logic of understanding of the propositions of Quran and tradition and tools and methods that the science of methodology of jurisprudence make available for jurists, jurisprudence can provides the deepest analyses for the rules that dominate on the social and economical relations and has influenced on the law in considering and analyzing the rules that dominate on the social relations with respect to the particular method and the logic and provide a ground for lawyer to use logical and methodological expression. Law also has provided the jurists with its methodological gains in the area of common legislation for changing the religious ideas and propositions to legal ideas and propositions and in the area of formal results of legal procedure in order to obtain a gradual perfection in different areas in a methodological collaboration. It is in this process that the legal system of Iran obtains its own originality and desirable efficiency.