Contradiction of laws in Islamic Jurisprudence and Law from Denial to Proving

Document Type : Research Paper

Author

Assistant Professor, Faculty of law, Pazhuheshgah Hawzehva Daneshgah

Abstract

Discussions of Islamic international law, especially private
international law, i.e., nationality, domicile, legal situation
of foreigners, and contradiction of laws are not presented
in Islamic jurisprudence under the same titles, and this
may lead to the supposition that Islamic jurisprudence has
remain silent concerning such problems.
The present essay intends to prove incorrectness of that
supposition as to the major and the most important subject
of private international law, i.e., contradiction of laws, and
that is why it has attempted to expound briefly the reality
of contradiction of laws and its key problems in the
contemporary, prevalent law first, to survey and criticize
reasons of appearance of such assumption secondly, and to
expound and draw the most fundamental cause, or ground,
of origination of contradiction of laws, i.e., existence of
“private international relations,” from an Islamic juristic
point of view finally.

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 1 - Serial Number 1
Spring & Summer
April 2013
Pages 55-71

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