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The Codification of Islamic Juridical Principles (Qawāʿid Fiqhiyya): A Historical Outline

The Codification of Islamic Juridical Principles (Qawāʿid Fiqhiyya): A Historical Outline

সম্পাদক

Azarmidukht Faridani

প্রকাশক

Hikmat

সংস্করণের সংখ্যা

Vol. 1, No 1.

প্রকাশনার বছর

১৯৯৫ AH

প্রকাশনার স্থান

Tehran

90 ḤIKMAT

ponents as objectively necessitated by the particular features of the social relations subject to such norms.1

It is also said that,

A legal system exists if and only if it reaches a certain minimum degree of efficacy.2

Kelsen believes, however, that,

Efficacy depends not only on conformity to law by the general population but also on the success of the courts and other law-enforcing agencies in applying sanctions to those who violate the law.3

Thus, it may be inferred that a body of law constitutes a system when it has the qualities and elements required to establish a legal system, namely:

  1. a body of law;

  2. a great number of coherent general norms and principles;

  3. a functioning body of law based on those general norms and principles;

  4. a close and profound relation between the laws and general principles, as that of the component to the norm, or the general to the particular;

  5. comprehensiveness of general principles which enables them to respond to particular needs, events and cases;

  6. the conformity of norms and general principles to rational and human standards in a manner which makes it acceptable to the general public;

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