The philosophy of jurisprudence: Difference between revisions
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|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? | ||
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The Qabasāt quarterly journal published its issue number 32 (1383 SH/2004 AD) as a special edition on the philosophy of jurisprudence. | The Qabasāt quarterly journal published its issue number 32 (1383 SH/2004 AD) as a special edition on the philosophy of jurisprudence. | ||
Guftugūhā-yi Falsafi-yi Fiqh, is the name of a work featuring discussions with Ali ‘Abidī Shāhrūdī, Nāṣir Kātūzīyān, Ṣādiq Āmulī Lārījānī, Mohammad Mujtahid Shabistarī, and Mostafa Malikīyān. Some of these dialogues were previously published in the Naqd va Naẓar quarterly journal. | Guftugūhā-yi Falsafi-yi Fiqh, is the name of a work featuring discussions with Ali ‘Abidī Shāhrūdī, Nāṣir Kātūzīyān, Ṣādiq Āmulī Lārījānī, Mohammad Mujtahid Shabistarī, and Mostafa Malikīyān. Some of these dialogues were previously published in the Naqd va Naẓar quarterly journal. | ||
== | ==Footnotes== | ||
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==References== | |||
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* The holy Quran | * The holy Quran | ||
* Nahj al-Balāghah | * Nahj al-Balāghah | ||
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* Mūsavī, Sayyid Mahdi, Vījigīhā-yi Ravish-i Istinbāṭ va Pajūhish dar Dānish-i Fiqh-i Imāmīyyi va Barrisī-yi Ikhtilāf-i Ravish-i Ikhbārī bā Ravish-i Uṣūlī, ‘Ulūm-i Insānī Islāmī-yi Ṣadrā quarterly journal, No. 25, Summer 1397 SH/2018 AD | * Mūsavī, Sayyid Mahdi, Vījigīhā-yi Ravish-i Istinbāṭ va Pajūhish dar Dānish-i Fiqh-i Imāmīyyi va Barrisī-yi Ikhtilāf-i Ravish-i Ikhbārī bā Ravish-i Uṣūlī, ‘Ulūm-i Insānī Islāmī-yi Ṣadrā quarterly journal, No. 25, Summer 1397 SH/2018 AD | ||
* Yūsifī Muqaddam, Muhammad Ṣādiq, Ṣādiqī Fadakī, Sayyid Ja‘far, Pajūhishī dar Tusi‘i-yi Fiqh bi Ḥarīm-i I‘tiqādāt va A‘māl-i Qalbī, Pajūhish-hāyi Fiqhī quarterly journal, 10th round, No. 4, Winter 1393 SH/2015 AD. [https://ensani.ir/file/download/article/20150929163034-9467-99.pdf link] | * Yūsifī Muqaddam, Muhammad Ṣādiq, Ṣādiqī Fadakī, Sayyid Ja‘far, Pajūhishī dar Tusi‘i-yi Fiqh bi Ḥarīm-i I‘tiqādāt va A‘māl-i Qalbī, Pajūhish-hāyi Fiqhī quarterly journal, 10th round, No. 4, Winter 1393 SH/2015 AD. [https://ensani.ir/file/download/article/20150929163034-9467-99.pdf link] | ||
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[[fa:فلسفه فقه]] | [[fa:فلسفه فقه]] | ||