نوع مقاله : مقاله پژوهشی
1 استاد تمام دانشگاه شهید بهشتی ره، تهران، ایران
2 دانش آموخته دکتری حقوق خصوصی دانشکده حقوق دانشگاه شهید بهشتی
3 دانشجوی دکتری حقوق عمومی دانشگاه شهید بهشتی
عنوان مقاله [English]
Theory of “Mantaqa Al-Faraq” would be considered as one of the parameters of religion flexibility that was introduced by Shahid Mohammad Baqir Sadr, under this heading, for the first time, regarding to the possibility of freedom of government intervention in Islamic economy. Mantaqa Al-Faraq is an area that its subjects due to variable and changeable nature, have variable and changeable sutra and rules, so that, God [as the Islamic legislature] refusing to set and codify fixed sutra and rules, delegated the setting and codification the relevant detailed rules, accordance to the benefit and requirements of each period, to the Islamic regnant or governor of that period. So, this area is standing on the opposite side of “fixed area” that its subjects have fixed and unchangeable sutra and rules at any period. One of those subjects that can be discussed under this theory, on the terms of inclusion or exclusion, would be the topic of Contract Law and a special type of them as Administrative Contracts. Among the introduced subjects and issues of Contract Law, some have detailed history of Islamic jurisprudence and the other, because of progress and advancement of science and technology and emerge of human needs, are regarded as new and modern issues and don’t have really detailed history of Islamic jurisprudence. The former one, on the terms of different interpretations, would be included in fixed area or Mantaqa Al-Faraq and the latter one, due to the aggregation of Mantaqa Al-Faraq components, would be included in this area.