بشری عبدخدایی

The present article is investigated Imam Ali's letter to Malek Ashtar. One part of the article is used Imam Ali's words to explain shariah's purposes. Islamic law has great goals and purposes, for example, slavery, justice, security, and kindness are the most important shariah purposes that are mentioned in 53rd Imam Ali's letter. the other topic of the article is the function of shariah purposes in political jurisprudence, One of its most important functions is its role in the interpretation and understanding of the Qur'an and Hadith. In this article, as a new study, we show how this function can be used. , we analyzed the issue of the laws of war and peace and relations between Muslims and non-Muslims from the perspective of the goals of religion with the emphasis on that letter. The result of the study is the choice of peace as the chosen principle achieving the goals of religion.

The objective of this study is to answer how can we use the subjects in Haram Businesses (Makaseb-e Moharrameh) as one of the most extensive jurisprudential issues to explain the principles and references in political jurisprudence. In this regard and using descriptive analysis, the present study aims to delve into the potentiality of political jurisprudence in Makaseb-e Moharrameh. Principles and issues as well as Ijtihad refrences in the political jurisprudence recognized by the study of jurists’ approach in inferring the political issues in Makase-e Moharrameh are among the most significant issues in this research. The most important results of this study denote identification of the potentials of in Makaseb-e Moharrameh in order to recognize complementary references for Ijtihad in political jurisprudence such as reason, purposes of shariat, and place and time requirements. Thus the faculty of reason can play an import role in determining the borders of political rules and the criterion for prioritization in overlapping situations in political jurisprudence. The function of religious purposes can also be consiodered in the exegesis of Qur’anic verses in the process of inferring religious rules and prioritization criterion in overlapping situations. In contemporary approaches to political jurisprudence like Imam Khumeini’s approach, time and place requirements as the complementary references in Ijtihad and expediency in political jurisprudential issues are also taken into account.

"The necessity eliminate stem of corruption," is one of the widely used fiqh statements that has a special position in classical fiqh and in, ancient and novel fiqh issues. Despite the widespread use of this fiqh statement, it does not have a firm position in the process of making inferences about fiqh issues. The study aims to shed light on this position especially in the governmental approach to fiqh and examines the proofs and applications in the sources of fiqh. According to study the results, the necessity eliminates stem of corruption which constitutes one of the objectives of the rule and evidence for some religious injunctions, is rooted in the judgment of intellect. The goal-oriented view of eliminate stem of corruption can occupy a special place in the governmental approach to fiqh and, as one of the goals of Shariah in the policy making of government, it has effective role, which paves the way for the government prevent corruption from providing the society. An enquiry into fiqh documents and evidence concludes that by adopting the approach to fiqh the necessity eliminates stem of corruption, whether in the field of primitive law or in its applications is concerned with the issues to which the divine legislator pays special attention, in other words it has necessary purposes, and the reason behind any ambiguity is in attention to the above mentioned criterion.

The purpose of the present research is to explain the approaches to the identification and treatment of inconsistency. In this research, some examples of political jurisprudential problems were studied; selling weapons to the enemies of religion, protecting misleading books and accepting mastership of a tyrant ruler. The results indicated that by reviewing various jurisprudential perspectives, some criteria can be found in jurisprudents’ practical approach, which includes the application of a decision by wisdom and the objectives of the Sharia in order to arrive at a chief criterion for the realms of inconsistencies and take account of the characteristics of a decision about the identification of inconsistency. Identifying inconsistency is determined by an expedient-based analysis of political problems, evidence-based analysis of political jurisprudence problems in the light of the purposes of the Sharia, separation of secondary laws from primary laws, and the need for generalizing decision evidence in the event of any inconsistency. The examples of a purpose-oriented analysis on different texts when distinguishing a chief criterion from an important criterion and benefitting from a decision by wisdom for fulfilling a chief criterion can be incorporated into jurisprudents’ practical approach to criteria for treating inconsistencies.

As one of the most important Shī’a source, the isolated tradition (khabar al-wāḥid) has always been open to discussion in science of the principles of Islamic jurisprudence (‘ilm al-uṣūl) and hadith and its authoritativeness has been carefully examined. Proving the authoritativeness of the isolated tradition lies in the scholars’ past approach by means of the Qur’an and traditions, the result of which is the devotional acceptance of such a judgment. In view of some contemporaries, however, the means for uncovering rulings (denotations = imārāt) does not have a devotional aspect; rather, they are subject to the intellectuals’ stipulation, as the legislator’s function is to endorse them. With such an approach, the present paper has analyzed the isolated tradition as one of these means, the origin of whose authoritativeness is the intellectuals’ attitude, and explicated the role of other textual evidences (verses and traditions) as requirement for an attitude. The most evident outcome of this reappraisal is a new perspective about the criteria of the authoritativeness of hadith and the means for diversification of tradition; because by accepting the role of the intellectuals’ stipulation in the authoritativeness of tradition, the criteria for its acceptance is also left with the intellectuals, and the issuance authenticity is considered as the most important feature of the authoritativeness of tradition.

Purposes of Shari’ah as tools of inferring rulings that play supervisory role over texts pave the way for jurisprudent recognition together with expediency and at the same time, discipline. What is being attended in this article is an approach of purposes to ruling of “enjoining the good and forbidding the bad” as one of the issues of political jurisprudence. In this approach, jurisprudents have ruled the necessary observation of the mildest attitudes for materialization of the two hypotheses as well as sensitive stage of practical action by considering important purposes of Shari’ah like leniency and compromise, security and freedom of men. Besides, the contemporary jurisprudents by taking a more concise look have said it is necessary to separate and prioritize important and unimportant issues in relation to all kinds of enjoining the good and forbidding the bad. The results obtained from this approach in political jurisprudence are included in more concise consideration to good institutions as enforcers of enjoining the good and forbidding the bad which clarify state and popular institutions capacities for enforcing it through recognition and prioritization of all kinds of enjoined good and forbidden bad so that, while achieving its effects, damages resulting from contacts that sometimes violate important purposes of Shari’ah in line with this divine obligation might be avoided.

The Authority of judgement of intellect is one of the challenging issues in the principles of Islamic jurisprudence which has brought those learned in the Principles in to conflict with each other. Due to rejecting the rule for correlation of the precepts of the Islamic Law with reason and or denying essential goodness and badness, These groups have questioned the rational Judgments. It seems that the reason for such differences of opinion is the lack of correct recognition of the reality of human intellect and divine will in the legislation system. The present paper seeks to cast light on, the views of Allameh Tabatabai, the philosopher, the Quranic exegete interpreter and the prominent scholar of the principles of injurisprudence, in two realms that is, the nature of authority of reason and the philosophy of the authority of judgment of reason and its status in the evaluation of the other arguments. Concerning thesubject in question, Asharites, Mutazila and materialist philosophers have presented different views. But the late Allameh, with full attention, considers the legislation system,, being subject, to the divine will, to be subject to the judgments of wise people. In his viewpoint, the rule for the correlation of the Islamic Law with reason and the essential goodness and badness is a matter which is proved by paying careful attention to God’s actions and the relevant verses of the Holy Quran.