Ethics audit in jurisprudence

Document Type : Original Article

Authors

1 PhD student, Department of Fiqh and Fundamentals of Islamic Law, Babol Branch, Islamic Azad University, Babol, Iran

2 Associate Professor, University of Tehran, Tehran, Iran (corresponding author)

3 Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Babol Branch, Islamic Azad University, Babol, Iran

Abstract

Morality can be the judge of jurisprudence, the importance of this matter is so great that it is possible to change some jurisprudence in different aspects; For example, regarding marriage, there is a fatwa from jurists that if an adult man marries a minor girl with the permission of the baby's guardian, all marital issues and rules; One of those cases is the enjoyment of one's wife. It should be observed that this ruling was proposed by the jurists and they ruled that this marriage is permissible. But this ruling is not compatible with the important moral issue and considers this action as one of the ugly actions, from this moral ruling, the legality of this ruling that the jurists have proposed can be stopped and changed. Another example is that determining the gender of a child is achieved naturally without human intervention, but due to the advancement of medical science, it is possible to determine the gender according to the wishes of individuals, and this issue has been subject to the fatwa of the jurists, who have ruled that it is permissible. But it must be said that this issue is against the moral ruling because if it is assumed that someone or people in a society say that we only want a boy or vice versa; or all people have this demand, this problem causes disruption in the system of creation,

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2585-2598

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