Volume 15, Issue 2 (2011)                   CLR 2011, 15(2): 43-64 | Back to browse issues page

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Simaee Sarraf* H. Reasoning and Ways of Detection Ratio in Analogical Argument; Comparative Study in Islamic Law and Common Law. CLR 2011; 15 (2) :43-64
URL: http://clr.modares.ac.ir/article-20-7525-en.html
Reasoning and Ways of Detection Ratio in Analogical Argument; Comparative Study in Islamic Law and Common Law
Hossein Simaee Sarraf
Assistant Professor, Faculty of Law, Qom University, Qom, Iran
Abstract:   (6606 Views)
Ratio (or reasoning) is the fundamental section of the analogical reasoning. According to Islamic jurisprudence, if the reason is known, the analogical reasoning is authorized. So they have tried to initiative the ways to obtaining the rules reason. Common law system is also based on definition of the judgment reason. According to common law thoughts, it is not enough to achieve similarities but it also should detect the ratio of decisions. Judges distinguish between the ratio of decisions and obiter dicta. It clearly shows that there are common concerns at both the of Islamic law and common law systems.
Keywords: Islamic Jurisprudence, Analogy, reason, Common law
     

Received: 2011/02/7 | Accepted: 2011/06/25 | Published: 2011/09/21
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