جستجوی مقالات مرتبط با کلیدواژه « ساختار فقه » در نشریات گروه « فقه و حقوق »

The growing expansion of jurisprudence, the emergence of many new issues, meeting the current jurisprudential needs of society, planning for the balanced growth of jurisprudence in medical issues in order to systematize and improve the ability to respond and determine the duties of those responsible, has created the need to a specialized field under the title of medical jurisprudence, which should be dealt with through studying the basic and fundamental questions. One of the issues is, "can medical jurisprudence be considered as one of the fields of specialized jurisprudence?" Moreover, what is its place in the system of comprehensive jurisprudence? What steps should be taken to create and work on this specialized field? The present study, by taking a comprehensive look at the place of medical jurisprudence and explaining the necessity and criteria for specialization of jurisprudence, proves that medical jurisprudence has the necessary criteria to be formed as a specialized field. Therefore, this field needs to be compiled, taught, and studied step by step. In particular, it is necessary to develop a comprehensive training program in different educational levels, in such a way that the context of this field to present in Islamic seminaries and related universities be provided. In addition, writing textbooks, educational texts, and training capable professors in this field, is one of the most important requirements for the formation and development of this field.

Structuring the science of jurisprudence is developed based on logical necessary criteria. There are three criteria in this regards as the intellectual criteria, philosophy of jurisprudence and internal jurisprudence criteria for structuring jurisprudence. Logical criteria are the common and necessary ones for developing a structure. The criteria pertaining to the philosophy of jurisprudence are preferential ones, the jurisprudents have clarified using them. However, the internal jurisprudence criteria are preferential ones which are derived from jurisprudence. Having defined different criteria for structuring, the author has evaluated and investigated the internal jurisprudence criteria such as: comprehensiveness, inclusiveness, united basis, distinction of categorizations, coherence, objectivity, responsiveness in the area of logical criteria, criteria for the intention proximity, being mundane or pertaining to the hereafter, natural desirability, the goal of shariah legislation, corruption disposal and gaining benefit, preserving the shariah goals, humanistic communications, the life's natural stages, carnal forces perfectionism, human's needs, the right in the criteria for jurisprudential philosophy and the criteria for the assigned deeds type, subject type, rule type, the assigned guilds, the assigned person's status, the effects and requirements of the assigned person's deeds. Jurisprudential structures could be evaluated based on different criteria which are categorized under standards. Investigating the (non-)jurisprudential sources, the structing criteria are extracted.

The purpose of this research is to prove the necessity of creating an ontology of Fiqh for the management of jurisprudential information and superiority of ontology of Fiqh in comparison to the thesaurus in semantic web space. The achievement of this research is a comprehensive structure of Fiqh that does not entail the restrictions of the traditional structures of Fiqh and the structure based on the juristic thesaurus. Based on this new structure, jurisprudential information can be best managed and organized in semantic web space. Based on the new structure, the user's needs can also be accomplished properly. To achieve this goal, two methods of thesaurus and ontology is compared. The study's conclusion is that there is no possibility of sharing knowledge between human and the machine through the thesaurus, but the ontology of Fiqh provides this possibility. That is, the ontology of Fiqh increases the level of standardization of jurisprudential data to the extent that data can be readily processed and understood by the machine. In this way, the data becomes smarter than before.

For its external strength and reconstruction, Islamic jurisprudence or fiqh is depended on some elements and requirements that one of them is its logical structure and organized categorization: a structure that is able to organize a science with such an extent, clarify the position of any problem, make gaining its discussions easier and facilitate understanding its subjects, accept previous and past legal propositions of fiqh with its extendable network, and similarly, operate to various saves and searches and do specially the functional topic and network searches according to the development of the new instruments.
The main question is that what is the suitable tactic of a organized morphology and logical categorization of fiqh?
In this paper, morphology of fiqh based on an formulating the terms, and its effect on representing the logical structure of fiqh as an essential strategy is considered. Also, with an review of the current classifying the fiqh for its devision, a model is suggested.

Throughout the history of Islam, for classifying jurisprudential issues and ordering the systematic jurisprudence, jurisprudents have taken different methods. These methods, which define how to classify the jurisprudential issues, are called structures of jurisprudence. In this article, by studying these structures and due to the new jurisprudential issues and contemporary requirements, it is attempted to offer a new structure for jurisprudence. For this purpose, after defining the structure of jurisprudence and the importance of it, a brief report presented from the existing structures of Shiite jurisprudence, and then shortcomings of these structures are mentioned. Later on, the subject, scope and purpose of jurisprudence, as the theoretical foundations of the proposed structure, are scrutinized and then the suggested structure has been offered. In this proposed structure, jurisprudence initially split into two major branches: personal jurisprudence and governmental jurisprudence. The personal jurisprudence is then divided into six categories, including: provisions of person's duty in relation to self, God, humankind, environment, government, and financial issues. In addition, governmental jurisprudence is separated into four categories, including provisions of the Islamic government in relation God, nation, international organizations and other governments, and issues related to state institutions.