Jurisprudence and Law (book)

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===Jurisprudence capacities in the field of legislation===

The possibility of [[legislation]] based on the capacities of common [[jurisprudence]] is a question that two articles from this series are responsible for answering. According to [[Abd al-Qayyum Sajjadi|Seyyed Abd Al- Qayyum Sajjadi]], a university professor and former member of the Afghan Council, [[jurisprudence]] should be revised and transformed in a quantitative and qualitative manner. Accordingly, he considers popularity to be a serious obstacle on the path of evolution in [[jurisprudence]]. According to him, quantitative transformation is balancing the fields of individual [[jurisprudence]] and social [[jurisprudence]]. So, the jurisprudential system should focus more on social issues in order to be in the field of [[legislation]] (p. 82). He believed that the qualitative transformation is systematization and theorizing in [[jurisprudence]]. According to him in the article titled "Jurisprudence and Legislation: Capacities and limitations", [[jurisprudence]] can eventually become an influential device for [[legislation]] that deals with theorizing with an appropriate method (p. 82-83). Emphasizing the [[Maqasid al-Shari'a|purposes of the Shari'ah]] and reviewing the method are two of Sajjadi's suggestions for transformation in [[jurisprudence]] in order to be present in the field of [[legislation]] (p. 83-84).

The possibility of [[legislation]] based on the capacities of common jurisprudence is a question that two articles from this series are responsible for answering. According to [[Abd al-Qayyum Sajjadi|Seyyed Abd Al- Qayyum Sajjadi]], a university professor and former member of the Afghan Council, jurisprudence should be revised and transformed in a quantitative and qualitative manner. Accordingly, he considers popularity to be a serious obstacle on the path of evolution in jurisprudence. According to him, quantitative transformation is balancing the fields of individual jurisprudence and social jurisprudence. So, the jurisprudential system should focus more on social issues in order to be in the field of [[legislation]] (p. 82). He believed that the qualitative transformation is systematization and theorizing in jurisprudence. According to him in the article titled "Jurisprudence and Legislation: Capacities and limitations", jurisprudence can eventually become an influential device for [[legislation]] that deals with theorizing with an appropriate method (p. 82-83). Emphasizing the [[Maqasid al-Shari'a|purposes of the Shari'ah]] and reviewing the method are two of Sajjadi's suggestions for transformation in [[jurisprudence]] in order to be present in the field of [[legislation]] (p. 83-84).

[[Abolqasem Alidoust]], one of the professors of [[Kharij Fiqh]] and [[Usul al-fiqh|Osoul]], in his article seeks to examine the capacities and harms of converting [[fiqh]] into law. He acknowledges the necessity of deriving the law from the divine law and [[Islamic jurisprudence]] as one of the definitive Islamic beliefs (p. 95). According to him, the existing [[jurisprudence]] has actual and potential capacities including the richness of the source. Although it is not incorporated in [[jurisprudence]] with the intention of [[legislation]], one of its functions is in the field of [[legislation]]. According to him, the richness of sources and documents, the method of inference, the experience of being presented in scientific debates for a thousand years, diverse branches of [[jurisprudence]] and practical principles are some of the strengths of [[jurisprudence]] in the field of [[legislation]] (pp. 101-98). Alidoust also points out in the pathology of existing [[jurisprudence]], such as insufficient use of the [[Qur'an]], [[Sunnah]] and reason. According to him, for example, the current and narrated tradition of the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] can be the basis of [[jurisprudence]] and [[legislation]] in [[international law]], [[constitutional law]] and [[political jurisprudence]] (pp. 101-103). Abandoning [[Urf|custom]] and [[Maslaha|expediency]] from the sources of [[jurisprudence]], as well as neglecting the texts showing the [[Maqasid al-Shari'a|purposes of the Sharia]], and neglecting scholarly research on new issues, are some of the criticisms that Alidoust has made on [[Shia jurisprudence]] (pp. 101-108).

[[Abolqasem Alidoust]], one of the professors of [[Kharij Fiqh]] and [[Usul al-fiqh|Osoul]], in his article seeks to examine the capacities and harms of converting [[fiqh]] into law. He acknowledges the necessity of deriving the law from the divine law and [[Islamic jurisprudence]] as one of the definitive Islamic beliefs (p. 95). According to him, the existing jurisprudence has actual and potential capacities including the richness of the source. Although it is not incorporated in jurisprudence with the intention of [[legislation]], one of its functions is in the field of [[legislation]]. According to him, the richness of sources and documents, the method of inference, the experience of being presented in scientific debates for a thousand years, diverse branches of jurisprudence and practical principles are some of the strengths of jurisprudence in the field of [[legislation]] (pp. 101-98). Alidoust also points out in the pathology of existing jurisprudence, such as insufficient use of the [[Qur'an]], [[Sunnah]] and reason. According to him, for example, the current and narrated tradition of the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] can be the basis of jurisprudence and [[legislation]] in [[international law]], [[constitutional law]] and [[political jurisprudence]] (pp. 101-103). Abandoning [[Urf|custom]] and [[Maslaha|expediency]] from the sources of jurisprudence, as well as neglecting the texts showing the [[Maqasid al-Shari'a|purposes of the Sharia]], and neglecting scholarly research on new issues, are some of the criticisms that Alidoust has made on [[Shia jurisprudence]] (pp. 101-108).

===The functions of jurisprudence in the legislative process===

@@ Line 61: / Line 61: @@
 ===Jurisprudence capacities in the field of legislation===
-The possibility of [[legislation]] based on the capacities of common [[jurisprudence]] is a question that two articles from this series are responsible for answering. According to [[Abd al-Qayyum Sajjadi|Seyyed Abd Al- Qayyum Sajjadi]], a university professor and former member of the Afghan Council, [[jurisprudence]] should be revised and transformed in a quantitative and qualitative manner. Accordingly, he considers popularity to be a serious obstacle on the path of evolution in [[jurisprudence]]. According to him, quantitative transformation is balancing the fields of individual [[jurisprudence]] and social [[jurisprudence]]. So, the jurisprudential system should focus more on social issues in order to be in the field of [[legislation]] (p. 82). He believed that the qualitative transformation is systematization and theorizing in [[jurisprudence]]. According to him in the article titled "Jurisprudence and Legislation: Capacities and limitations", [[jurisprudence]] can eventually become an influential device for [[legislation]] that deals with theorizing with an appropriate method (p. 82-83). Emphasizing the [[Maqasid al-Shari'a|purposes of the Shari'ah]] and reviewing the method are two of Sajjadi's suggestions for transformation in [[jurisprudence]] in order to be present in the field of [[legislation]] (p. 83-84).
+The possibility of [[legislation]] based on the capacities of common jurisprudence is a question that two articles from this series are responsible for answering. According to [[Abd al-Qayyum Sajjadi|Seyyed Abd Al- Qayyum Sajjadi]], a university professor and former member of the Afghan Council, jurisprudence should be revised and transformed in a quantitative and qualitative manner. Accordingly, he considers popularity to be a serious obstacle on the path of evolution in jurisprudence. According to him, quantitative transformation is balancing the fields of individual jurisprudence and social jurisprudence. So, the jurisprudential system should focus more on social issues in order to be in the field of [[legislation]] (p. 82). He believed that the qualitative transformation is systematization and theorizing in jurisprudence. According to him in the article titled "Jurisprudence and Legislation: Capacities and limitations", jurisprudence can eventually become an influential device for [[legislation]] that deals with theorizing with an appropriate method (p. 82-83). Emphasizing the [[Maqasid al-Shari'a|purposes of the Shari'ah]] and reviewing the method are two of Sajjadi's suggestions for transformation in [[jurisprudence]] in order to be present in the field of [[legislation]] (p. 83-84).
-[[Abolqasem Alidoust]], one of the professors of [[Kharij Fiqh]] and [[Usul al-fiqh|Osoul]], in his article seeks to examine the capacities and harms of converting [[fiqh]] into law. He acknowledges the necessity of deriving the law from the divine law and [[Islamic jurisprudence]] as one of the definitive Islamic beliefs (p. 95). According to him, the existing [[jurisprudence]] has actual and potential capacities including the richness of the source. Although it is not incorporated in [[jurisprudence]] with the intention of [[legislation]], one of its functions is in the field of [[legislation]]. According to him, the richness of sources and documents, the method of inference, the experience of being presented in scientific debates for a thousand years, diverse branches of [[jurisprudence]] and practical principles are some of the strengths of [[jurisprudence]] in the field of [[legislation]] (pp. 101-98). Alidoust also points out in the pathology of existing [[jurisprudence]], such as insufficient use of the [[Qur'an]], [[Sunnah]] and reason. According to him, for example, the current and narrated tradition of the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] can be the basis of [[jurisprudence]] and [[legislation]] in [[international law]], [[constitutional law]] and [[political jurisprudence]] (pp. 101-103). Abandoning [[Urf|custom]] and [[Maslaha|expediency]] from the sources of [[jurisprudence]], as well as neglecting the texts showing the [[Maqasid al-Shari'a|purposes of the Sharia]], and neglecting scholarly research on new issues, are some of the criticisms that Alidoust has made on [[Shia jurisprudence]] (pp. 101-108).
+[[Abolqasem Alidoust]], one of the professors of [[Kharij Fiqh]] and [[Usul al-fiqh|Osoul]], in his article seeks to examine the capacities and harms of converting [[fiqh]] into law. He acknowledges the necessity of deriving the law from the divine law and [[Islamic jurisprudence]] as one of the definitive Islamic beliefs (p. 95). According to him, the existing jurisprudence has actual and potential capacities including the richness of the source. Although it is not incorporated in jurisprudence with the intention of [[legislation]], one of its functions is in the field of [[legislation]]. According to him, the richness of sources and documents, the method of inference, the experience of being presented in scientific debates for a thousand years, diverse branches of jurisprudence and practical principles are some of the strengths of jurisprudence in the field of [[legislation]] (pp. 101-98). Alidoust also points out in the pathology of existing jurisprudence, such as insufficient use of the [[Qur'an]], [[Sunnah]] and reason. According to him, for example, the current and narrated tradition of the [[Prophet Muhammad (PBUH)|Prophet (PBUH)]] can be the basis of jurisprudence and [[legislation]] in [[international law]], [[constitutional law]] and [[political jurisprudence]] (pp. 101-103). Abandoning [[Urf|custom]] and [[Maslaha|expediency]] from the sources of jurisprudence, as well as neglecting the texts showing the [[Maqasid al-Shari'a|purposes of the Sharia]], and neglecting scholarly research on new issues, are some of the criticisms that Alidoust has made on [[Shia jurisprudence]] (pp. 101-108).
 ===The functions of jurisprudence in the legislative process===

Jurisprudence and Law (book): Difference between revisions