The philosophy of jurisprudence: Difference between revisions
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|author = MohammadAli sultan moradi | |||
|author2 = Muhammad Kazem Ḥaqqani Fazl | |||
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'''The philosophy of jurisprudence''' is a science that takes a second-order look at the foundations and presuppositions influential in the jurisprudential understanding of religious texts in order to define the coordinates and boundaries of jurisprudence. It is said that this knowledge enhances the ability to make jurisprudence practical and correct the process of understanding the Quran and Sunnah. | '''The philosophy of jurisprudence''' is a science that takes a second-order look at the foundations and presuppositions influential in the jurisprudential understanding of religious texts in order to define the coordinates and boundaries of jurisprudence. It is said that this knowledge enhances the ability to make jurisprudence practical and correct the process of understanding the Quran and Sunnah. | ||
One of the foundations that is influential in the practice of jurisprudence by jurists and is examined in the philosophy of jurisprudence comprises of theological bases: Is the domain of [[Religion minimal|religion minimal]] or maximal? Are Islamic rules fixed or do they change according to time and place? Does jurisprudence have a goal? The foundations about the study of methods and resources of jurisprudence discussed in the philosophy of jurisprudence include: What is the place of reason in jurisprudence, and whether reason can play an independent role in inferences or not? Among the other factors, discussed in the philosophy of jurisprudence, that affect inferences are: distortion or non-distortion of the Quran, authenticity or non-authenticity of ancient hadith resources including the Four Books , as well as the opinions of jurists about the position of Ijmā‘ (consensus). Another question is whether issuing fatwas should be based only on religious texts, or the [[Goals of Sharia|goals of Sharia]] can also be taken as bases? | One of the foundations that is influential in the practice of jurisprudence by jurists and is examined in the philosophy of jurisprudence comprises of theological bases: Is the domain of [[Religion minimal|religion minimal]] or maximal? Are Islamic rules fixed or do they change according to time and place? Does jurisprudence have a goal? The foundations about the study of methods and resources of jurisprudence discussed in the philosophy of jurisprudence include: What is the place of reason in jurisprudence, and whether reason can play an independent role in inferences or not? Among the other factors, discussed in the philosophy of jurisprudence, that affect inferences are: distortion or non-distortion of the Quran, authenticity or non-authenticity of ancient hadith resources including the Four Books , as well as the opinions of jurists about the position of Ijmā‘ (consensus). Another question is whether issuing fatwas should be based only on religious texts, or the [[Goals of Sharia|goals of Sharia]] can also be taken as bases? | ||