2019 Volume 4 Issue 2 Supplementary
Creative Commons License

NATURE OF TASTE OF LEGISLATOR, ITS AUTHORITY AND ROLE IN INFERENCE


Ali Mohammad SARLAK1, Seyed Rasul HOSSEINI KUHESTANI2, Alimohammad HEYDARSARLAK1*
Abstract

The current essay is focused on the explanation of the nature of taste of the legislator. Although different meanings have been mentioned for the taste of legislator, it is evident that the most correct meaning of a term must be sought for in the place where it has been born. Here, this birth place is religion or Sharia system. Now if we consider Sharia a system which has been designed by the legislator for providing the worldly and otherworldly prosperity, given our failure of understanding the reality, a jurist reaches the faculty of Ijtihad and after numerous efforts accompanied with religious reasons, he builds a system of Sharia in his mind. This mindset is the taste and system of Sharia. After its formation in the mind of a jurist, it arranges the total course of all arguments and as a touchstone, it gives him the power of evaluation of various reasons in non-written cases.


Issue 2 Volume 11 - 2026