Jurisprudence and reason (book)

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* '''abstract'''

The book Jurisprudence and Reason (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%B9%D9%82%D9%84_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و عقل]) written by [[Abulqasem Alidoost]], in Persian language, has tried to develop the use of reason in deriving Sharia rulings by presenting the features of reason in understanding Islamic rulings. Unlike some contemporary ~~Usulians~~, Abulqasem Alidoost has accepted the rule of interdependence between the rule of reason and the rule of Sharia.

The book Jurisprudence and Reason (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%B9%D9%82%D9%84_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و عقل]) written by [[Abulqasem Alidoost]], in Persian language, has tried to develop the use of reason in deriving Sharia rulings by presenting the features of reason in understanding Islamic rulings. Unlike some contemporary scholars of Usul al-fiqh, Abulqasem Alidoost has accepted the rule of interdependence between the rule of reason and the rule of Sharia.

According to Abulqasem Alidoost, a professor of Kharij Fiqh and Usul al-Fiqh in Qom seminary, the reason can recognize the meaning of Sharia rulings by observing the frameworks and rules of conventional seminary ijtihad and also discover the purposes of Sharia by using the Quran and Narration. As a result, it is possible to understand the rulings in a system and body whose components are coordinated with each other. The book seeks to expand the accountability of the Sharia to more diverse issues by promoting the independent position of reason in deriving rulings and rereading it in a coherent system.

According to the book of jurisprudence and reason, although the purposes of the Sharia have a strong role in deriving rulings, in this respect one should use reason in a systematic manner and do such a thing according to the texts expressing the purposes in the book and the Sunnah. In this regard, Abulqasem Alidoost believes that neglecting the purposes of the Sharia in deriving rulings causes fatwas to become ~~illegal~~.

According to the book of jurisprudence and reason, although the purposes of the Sharia have a strong role in deriving rulings, in this respect one should use reason in a systematic manner and do such a thing according to the texts expressing the purposes in the book and the Sunnah. In this regard, Abulqasem Alidoost believes that neglecting the purposes of the Sharia in deriving rulings causes fatwas to become invalid.

In the current book, Abulqasem Alidoost emphasizes the necessity of simultaneously paying attention to both independent and non-independent applications of reason in deriving rulings. He also disagrees with following all rulings based on real interests and corruptions, and states that sometimes the enactment of a ruling may not be due to expediency or expediency, and that legislation itself causes the creation of posterior expediency. He also explains in detail the rule reason and the rule of Sharia and points out the opposition of jurists such as [[Sayyid Abolqassem Musavi Khoei]] and [[Sheikh Morteza Ansari]] to this principle. Furthermore, he points to cases of the use of reason in discovering the meaning of rulings by them to show that the mentioned jurists relied on it in practice while theoretically opposed to the inherent rule.

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In another article, Abulqasem Alidoost also valued the possible uses of reason and said that the best use of reason is to discover the meaning of rulings, and the other use is unruly and distasteful expedients, which are called Istislah in Sunnis. According him, although the importance of the purposes of the Sharia in deriving rulings is undeniable, in discovering the purposes of the Sharia and the meaning of the rulings, reason must be used systematically. That is, according to the texts showing the purposes in the books and the Sunnah, he achieved the purposes and evidence <ref>Abulqasem Alidoost, "Capacities of jurisprudence in facing the problems of the contemporary world".</ref>.

=== The Necessity to know the Purposes of Sharia ===

According to the book, it is necessary for the jurist to be familiar with the purposes of the Sharia. Furthermore, the jurist should not ignore the purposes and goals of the Sharia in deriving rulings from the evidence, and examine the evidence by neglecting it. Therefore, ijtihad requires, in addition to prerequisites such as familiarity with Arabic literature, Rijal and Usul, theological prerequisites such as recognizing the truth of man from the perspective of religion, expecting religion from mankind, knowledge of the essence and complex of religion, and awareness of the purpose of the Sharia, and neglecting these matters causes ~~illegalization~~ becomes a fatwa (p. 17).

According to the book, it is necessary for the jurist to be familiar with the purposes of the Sharia. Furthermore, the jurist should not ignore the purposes and goals of the Sharia in deriving rulings from the evidence, and examine the evidence by neglecting it. Therefore, ijtihad requires, in addition to prerequisites such as familiarity with Arabic literature, Rijal and Usul, theological prerequisites such as recognizing the truth of man from the perspective of religion, expecting religion from mankind, knowledge of the essence and complex of religion, and awareness of the purpose of the Sharia, and neglecting these matters causes invalidization becomes a fatwa (p. 17).

=== The Results of Paying Attention to the Goals of Sharia ===

In the chapter on the independent use of reason in deriving the rulings of Sharia, the book has provided evidence from Quranic texts and narrations to make it clear how important it is to pay attention to the goals and purposes of Sharia. It includes the following issues.Orphans' property: Abulqasem Alidoost, referring to the revelation of verses 10 of Surah Nisa and 152 of Surah An'am in the prohibition of losing the property of orphans, pointed out the behavior of some Muslims who, after the revelation of these verses, were motivated to escape from the responsibility of taking care of orphans, their food separated from their lives. This caused the revelation of verse 220 of Surah Al-Baqarah, according to which God's will is placed on it to take care of orphans and their property in the best way. Based on this, although God deems it necessary to respect the interests of orphans, this caution should never lead to the weakening of the guardians' motivation. Therefore, the mentioned verses indicate that the Holy Quran has paid attention to both the spirit and the truth of the ruling, that is, the duty of guardianship of orphans, and the collection of Sharia and rulings. According to Abulqasem Alidoost, neglecting the simultaneous observance of the two mentioned aspects can lead to the issuance of strict and burdensome rulings.

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 * '''abstract'''
-The book Jurisprudence and Reason (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%B9%D9%82%D9%84_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و عقل]) written by [[Abulqasem Alidoost]], in Persian language, has tried to develop the use of reason in deriving Sharia rulings by presenting the features of reason in understanding Islamic rulings. Unlike some contemporary Usulians, Abulqasem Alidoost has accepted the rule of interdependence between the rule of reason and the rule of Sharia.
+The book Jurisprudence and Reason (in persian: [https://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%B9%D9%82%D9%84_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و عقل]) written by [[Abulqasem Alidoost]], in Persian language, has tried to develop the use of reason in deriving Sharia rulings by presenting the features of reason in understanding Islamic rulings. Unlike some contemporary scholars of Usul al-fiqh, Abulqasem Alidoost has accepted the rule of interdependence between the rule of reason and the rule of Sharia.
 According to Abulqasem Alidoost, a professor of Kharij Fiqh and Usul al-Fiqh in Qom seminary, the reason can recognize the meaning of Sharia rulings by observing the frameworks and rules of conventional seminary ijtihad and also discover the purposes of Sharia by using the Quran and Narration. As a result, it is possible to understand the rulings in a system and body whose components are coordinated with each other. The book seeks to expand the accountability of the Sharia to more diverse issues by promoting the independent position of reason in deriving rulings and rereading it in a coherent system.
-According to the book of jurisprudence and reason, although the purposes of the Sharia have a strong role in deriving rulings, in this respect one should use reason in a systematic manner and do such a thing according to the texts expressing the purposes in the book and the Sunnah. In this regard, Abulqasem Alidoost believes that neglecting the purposes of the Sharia in deriving rulings causes fatwas to become illegal.
+According to the book of jurisprudence and reason, although the purposes of the Sharia have a strong role in deriving rulings, in this respect one should use reason in a systematic manner and do such a thing according to the texts expressing the purposes in the book and the Sunnah. In this regard, Abulqasem Alidoost believes that neglecting the purposes of the Sharia in deriving rulings causes fatwas to become invalid.
 In the current book, Abulqasem Alidoost emphasizes the necessity of simultaneously paying attention to both independent and non-independent applications of reason in deriving rulings. He also disagrees with following all rulings based on real interests and corruptions, and states that sometimes the enactment of a ruling may not be due to expediency or expediency, and that legislation itself causes the creation of posterior expediency. He also explains in detail the rule reason and the rule of Sharia and points out the opposition of jurists such as [[Sayyid Abolqassem Musavi Khoei]] and [[Sheikh Morteza Ansari]] to this principle. Furthermore, he points to cases of the use of reason in discovering the meaning of rulings by them to show that the mentioned jurists relied on it in practice while theoretically opposed to the inherent rule.
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 In another article, Abulqasem Alidoost also valued the possible uses of reason and said that the best use of reason is to discover the meaning of rulings, and the other use is unruly and distasteful expedients, which are called Istislah in Sunnis. According him, although the importance of the purposes of the Sharia in deriving rulings is undeniable, in discovering the purposes of the Sharia and the meaning of the rulings, reason must be used systematically. That is, according to the texts showing the purposes in the books and the Sunnah, he achieved the purposes and evidence <ref>Abulqasem Alidoost, "Capacities of jurisprudence in facing the problems of the contemporary world".</ref>.
 === The Necessity to know the Purposes of Sharia ===
-According to the book, it is necessary for the jurist to be familiar with the purposes of the Sharia. Furthermore, the jurist should not ignore the purposes and goals of the Sharia in deriving rulings from the evidence, and examine the evidence by neglecting it. Therefore, ijtihad requires, in addition to prerequisites such as familiarity with Arabic literature, Rijal and Usul, theological prerequisites such as recognizing the truth of man from the perspective of religion, expecting religion from mankind, knowledge of the essence and complex of religion, and awareness of the purpose of the Sharia, and neglecting these matters causes illegalization becomes a fatwa (p. 17).
+According to the book, it is necessary for the jurist to be familiar with the purposes of the Sharia. Furthermore, the jurist should not ignore the purposes and goals of the Sharia in deriving rulings from the evidence, and examine the evidence by neglecting it. Therefore, ijtihad requires, in addition to prerequisites such as familiarity with Arabic literature, Rijal and Usul, theological prerequisites such as recognizing the truth of man from the perspective of religion, expecting religion from mankind, knowledge of the essence and complex of religion, and awareness of the purpose of the Sharia, and neglecting these matters causes invalidization becomes a fatwa (p. 17).
 === The Results of Paying Attention to the Goals of Sharia ===
 In the chapter on the independent use of reason in deriving the rulings of Sharia, the book has provided evidence from Quranic texts and narrations to make it clear how important it is to pay attention to the goals and purposes of Sharia. It includes the following issues.Orphans' property: Abulqasem Alidoost, referring to the revelation of verses 10 of Surah Nisa and 152 of Surah An'am in the prohibition of losing the property of orphans, pointed out the behavior of some Muslims who, after the revelation of these verses, were motivated to escape from the responsibility of taking care of orphans, their food separated from their lives. This caused the revelation of verse 220 of Surah Al-Baqarah, according to which God's will is placed on it to take care of orphans and their property in the best way. Based on this, although God deems it necessary to respect the interests of orphans, this caution should never lead to the weakening of the guardians' motivation. Therefore, the mentioned verses indicate that the Holy Quran has paid attention to both the spirit and the truth of the ruling, that is, the duty of guardianship of orphans, and the collection of Sharia and rulings. According to Abulqasem Alidoost, neglecting the simultaneous observance of the two mentioned aspects can lead to the issuance of strict and burdensome rulings.

Jurisprudence and reason (book): Difference between revisions