Dynamism of Islamic Jurisprudence through Objectives of Sharia with a Glance at Imam Khomeini’s Views
In religious communities, interaction based on legislative method tends to trivialism and the study of extrinsic layers. Therefore, an effect-oriented approach receives priority in comparison with a cause-oriented reflection. On this basis, full observance of and object-oriented approach to the factors supporting Sharia precepts, that are very helpful in quality of deduction, fall into oblivion in the course of jurisprudential action. It is urgent to pay attention to such argument, particularly in invigorating Shia jurisprudence in its interaction with modern crises. Addressing Maqasid al-Sharia (the objectives behind Sharia law rulings) in Ijtihad (the use of reason to arrive at knowledge of truth in religious matters) results in dynamism of jurisprudence and appropriate response to the newly emerging issues indeed. In this paper, developed by a descriptive-analytical method and through compiling library documents, the role of Maqasid al-Sharia in dynamism of Shia jurisprudence has been studied. A review of practical methods and manners of the jurists in deducing religious precepts led to the conclusion that the best method for the use of reason to arrive at knowledge of truth in religious matters is Ijtihad by virtue of fundamental texts and supervision of Maqasid. This means the objectives behind Islamic rulings, as the principles and generalities of Sharia law, play key roles in interpretation and clarification of religious tests. Resorting to the principle of Maqasid al-Sharia in deducing precepts and using this element in determining the extent and strength of the texts, Imam Khomeini argues that distinguishing authentic texts from unauthentic ones, conflict of evidence, inferring precepts on newly emerging issues, etc. would result in dynamism of Islamic jurisprudence in terms of compatibility of the precepts with the progress in the society and appropriate response to the newly emerging issues.
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