جستجوی مقالات مرتبط با کلیدواژه « فقه نظام » در نشریات گروه « علوم سیاسی »

The complexity of the world of today makes it necessary to change the jurisprudential approach from an individual perspective to a systemic perspective. Shiʿa jurists have felt this necessity and sought to find a solution for it by making special studies and presenting ideas in this realm. Meanwhile, each of the theories of “jurisprudence of the system”, “guardianship jurisprudence” and “jurisprudence of guardianship system” have expressed a new approach. The third theory can show great efficiency due to its countless capacities. By referring to the author’s written and oral works and explaining each of the abovementioned forms of jurisprudence and explaining the textual (narrative) evidence, this research shows preference for the last form, i.e., the “jurisprudence of the guardianship system”  and specifies four chapter headings for it. One of them is the question of the nature of jurisprudence of the guardianship system. This sort of jurisprudence is divided into two parts: epistemic and objective.The first part, which is also called ideology, seeks to prove two types of general and specific principles and the way to reach them by applying rational and discretional (ijtihādi) methods, and the second part, which is called governance, is the process of policy making, making regulation and providing services. The epistemological field of governance also consists of four parts: the first is the philosophy of governance, the second is the governance jurisprudence, the third is the governance ethics , and the fourth is the science of governance.

“Jurisprudence of the system” is taken to mean the discovery of main doctrines of Islam concerning various social subjects, though there have been controversies over its possibility or rejection. These controversies have their roots in two approaches to Islamic jurisprudence and Law, ShariÝah. Drawing upon the revisional-analytical method, this article seeks to show not only the strong theoretical foundation of Islamic jurisprudence but also the classification of the objections levelled at this sort of jurisprudence trying to meet the objections against the Jurisprudence of the system and to dispel the misconceptions in this connection. The major objections against the jurisprudence of the system arise from the fact that the existence of such a jurisprudence is difficult to find and that the possibility to arrive at this sort of jurisprudence is in doubt. This article, while exploring the arguments raised for and against this from of jurisprudence, tries to find answers to the objections and to recognize the possibility of the existence of jurisprudence of the system. The results of the studies show that differences of opinions and views in giving a definition for this new realm of jurisprudence result from varying mentalities which have found their ways into discussions on this subject. However, the above mentioned problem seems to be plausible in terms of the correlations and coherence as seen in rulings and the legal validity which is given by the Law-giver to the major religious doctrines.