Important Jurisprudential Discourses (book): Difference between revisions

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[https://ency.feqhemoaser.com/fa/view/%D8%A8%D8%AD%D9%88%D8%AB_%D9%81%D9%82%D9%87%DB%8C%D8%A9_%D9%87%D8%A7%D9%85%D8%A9_(%DA%A9%D8%AA%D8%A7%D8%A8) بحوث فقهیة هامة]) by [[Naser Makarem Shirazi]] is a deductive and ijtihadi collection in Arabic, authored to address newly-arisen and contemporary jurisprudential issues (al-masāʾil al-mustaḥdatha). The book, a product of Makarem Shirazi's advanced seminary lectures (khārij) and writings, is built upon two major foundations: 1. The comprehensiveness and perfection of the Shari'a, which considers Islam a complete religion without any legal vacuum, defining the jurist's (faqīh) duty as merely "discovering" (kashf) the divine ruling. 2. The necessity of an Islamic government for the implementation of laws and establishment of social order. With this approach, the author defines newly-arisen issues and, emphasizing the finality and universality of Islam, explains the necessity of addressing them. For the deduction of rulings, he stresses principles such as reliance on generalities (ʿumūmāt), the role of time and place (zamān wa makān), and the application of secondary principles (ʿanāwīn thānawiyya).

==Guardianship of the Jurist (Wilāyat al-Faqīh)==

The author outlines three functions for the jurist: issuing fatwas (iftāʾ) (pp. 392-395), adjudication (qaḍāwat) (pp. 397-398), and guardianship (governmental affairs) (wilāyat) (p. 399). In his view, jurists like the author of Javāhir (p. 402) believe in the general guardianship (al-wilāyat al-ʿāmma) of the jurist, while Sheikh al-Ansari (pp. 403-404) accepts it in public affairs but denies absolute guardianship (al-wilāyat al-muṭlaqa). The seven areas of authority for jurists, according to Naser Makarem Shirazi, are:

# '''Guardianship over Orphans and the Absent:''' This is an established principle in jurisprudence to protect assets and prevent chaos (pp. 410-412).

# '''Disposal of Khums and Zakat:''' Paying these funds to the jurist during the era of occultation is preferred, especially if an Islamic government is established (pp. 416-420).

# '''Absence of Legislative Authority:''' The jurist has no legislative authority (wilāyat tashrīʿiyya) (p. 514); his duty is solely to discover and implement divine rulings (p. 515).

# '''Guardianship over Property and Lives:''' This guardianship is not absolute and unlimited; it is solely for the purpose of protecting the public interest and implementing the rulings of the Shari'a (pp. 554-555).

[[fa:بحوث_فقهیة_هامة_(کتاب)]]

[[Category:Book review]]