سفاهت از مقیاس گذاری های فقهی حقوقی تا معیارهای روانشناختی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی واحد یاسوج، ایران.
2 استادیار گروه فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی واحد یاسوج، ایران
doi
10.22037/mfj.v13i43.31143چکیده
Background and Aim: Foolishness before being a jurisprudential or legal subject, is a mental state which is conceptually recognized in the psychological studies. Although transactional growth and how to identify it has been discussed in detail in jurisprudential sources with scales, but it is necessary to present them to the empirical scientific findings and re-evaluate them. The present study has been done with a basic look at the nature of the subject by comparing the criteria in the two fields of jurisprudence and psychology. Materials and Methods: The present descriptive-analytical study is based on interdisciplinary studies and its data has been collected by library method and in addition to expressing the legal and jurisprudential views and evaluating them in the definition of foolishness, also examines the psychometric mechanisms in this field. Conclusion: This study, while distinguishing cognitive intelligence from emotional intelligence, offers the idea that the foolishness as a psychological phenomenon can be identified with the help of measuring signs of emotional intelligence. This idea is compatible with some proposed jurisprudential scales. Lack of intellect, lack of subsistence intellect, irrational behavior and lack of physical maturity are the four criteria in jurisprudence to introduce the foolishness. Although in psychological researches, this phenomenon has not been discussed with this title, but it has been dealt with other concepts such as intelligence, growth, mental retardation, behavioral intelligence, cognitive and emotional intelligence. These titles, as similarities between the jurisprudenial and psychological perspectives, have provided the basis for a comparative study of the discussion, but it should be said that the above jurisprudential criteria are in fact the initial signs and symptoms of foolishness and without psychological tests in emotional intelligence, the growth cannot be accurately identified.