نوع مقاله : مقاله پژوهشی
نویسنده
استادیار پژوهشکده علوم و اندیشه سیاسی، پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Throughout history, Islamic jurisprudence (fiqh) has been able to address a significant portion of the individual and social needs of Muslims. Nevertheless, the extensive transformations of contemporary societies and the increasing complexity of social, economic, and political structures have made the need to reconsider and develop methods of ijtihad more evident than ever. One of the emerging approaches in this regard is Theory-Oriented Jurisprudence (Fiqh al-Nazariyyah), which, inspired by the thought of Muhammad Baqir al-Sadr and grounded in the methodology of scientific induction, seeks to uncover overarching structures and comprehensive theories within Islamic jurisprudence. The central question of this study is whether theory-oriented jurisprudence can serve as a valid methodological approach for deriving coherent systems and comprehensive theories—particularly in the field of political jurisprudence—from dispersed legal rulings, thereby providing an effective framework for addressing the complex issues of contemporary societies. This research adopts a descriptive-analytical method and relies on a conceptual analysis of the works of Shahid Sadr and other scholars in the fields of jurisprudence and legal theory (usul al-fiqh). The findings indicate that, by accepting the internal coherence of the Islamic legal system and the possibility of discovering comprehensive structures through the inductive examination of individual rulings, it is possible to arrive at a theoretical framework that generates a form of rationally persuasive certainty through the accumulation of probabilities. This provides the basis for the epistemic authority and validity of theory-oriented jurisprudence. According to this approach, jurisprudence can move beyond providing case-specific rulings and become capable of producing comprehensive theories in fields such as politics, economics, and law. Consequently, theory-oriented jurisprudence can play a significant role in enhancing the system-building capacity of Islamic jurisprudence and improving its ability to respond to the needs and challenges of contemporary societies.
کلیدواژهها [English]
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