نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته کارشناسی ارشد حقوق اقتصادی و دانشجوی دکتری حقوق خصوصی دانشگاه شهیدبهشتی.
2 استادیاردانشکده حقوق - دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This research seeks to answer the question of how can the reconciliation between economic approaches of interpretation and Islamic interpretative views be established and presented as an interpretation with the highest degree of realization of the public interest. Economic approaches to the interpretation of texts can be divided into three main categories. In the first approach, more emphasis is placed on text and literal interpretation of it. From this perspective, with the acceptance of the principle of Costless Legislature, it is assumed that the necessary examinations and analysis have been carried out in the course of enactment and the re-examination of the consequences of applying and seeking an optimal interpretation, merely leads to double costs and waste of resources. The second approach focuses on the origin of enactment. Therefore, the role of Interest Groups or Public Interest in the enactment process emphasizes the Imaginative reconstruction of the enactment process. The third approach also takes the interpretation as a function of the consequences, costs, and benefits of it, and chooses an interpretation that is economically optimal and efficient. Now, the preference for one of these interpretive rules or the combination of them and the identification of the economic theory of interpretation provides Exquisite points like using the social concept of damage in Isālat-al-Dhuhūr viewpoint and Highlighting some of the Sharia purposes, such as keeping property in Maqāsid viewpoint for confirmation of using economic analysis before Literal Interpretation.
کلیدواژهها [English]
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