Pages: 1-8

Abstract

The jurisprudential Fatwas and the judicial orders are focused on the ostensible acts of the obligees, the accused, and the litigants, however, due to the significant effects of the internal and psychological motives of the obligees in the fate of their devotional, legal, and criminal acts, the jurisprudential orders and legal sentences are quite dependent on these factors and motives in terms of quality and howness, as they are changed along with the changes in these motives. There are numerous verses and hadiths about the role of these factors in the punishment and rewards, and validity and invalidity of the acts, and their numerous examples in the fundamental, jurisprudential, and criminal subjects recount the obligatory and substantive orders adherence to those factors, that made the grounds for this study, in order to: firstly, manifest the important position of these factors in issuance of sentences and orders with a brief investigation of the fundamental and jurisprudential subjects, more than ever. Most of the information in the current study are the several examples of those factors in the area of jurisprudence, fundamentals, and law, which are like beads connected to each other through the psychological and internal elements of the obligee. Secondly, to identify or create necessary practical rules and principles, regarding the latency of these factors and motives, and the difficulty of the judging in times of doubt and controversy. Thirdly, to notice the obligees for reformation of their intentions and goals, and the motives and psychological factors (preferred over ostensible acts), with regards to the legislator’s efforts and emphasis on the role of these motives and factors (as the central and internal core of the ostensible acts).