نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
The differences between modern legal literature and Fiqh literature, in some cases, suggest that, for the purpose of presenting Fiqh & Islamic Law in some academic circles other than traditional Islamic ones, the rich content of the Islamic fiqh, while protecting its originality, should be presented in modern legal language so that it could be better digested and understood by the its intended audience.
For this purpose, in this article, having briefly explained the “conflict of laws” in contemporary private international law, the author has tried to deal with one of its major issues, namely, "possibility or necessity of the application of foreign law" from Islamic jurisprudential perspective to establish that Fiqh is not silent in this regard and has "the Rule of Elzam" as a "Rule for resolving the conflicts", at least in the area of private law, especially for the personal status matters and establishes that, the scope of this rule is not limited to its main basis, namely, intra-religious legal relations and actions, and to some extent, it includes inter-faith and international legal relations and cases.
کلیدواژهها English
