نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه تهران
2 دانشجوی دکترای فقه و مبانی حقوق اسلامی دانشگاه بین‌المللی مذاهب اسلامی
3 گروه فقه و حقوق اسلامی دانشگاه مذاهب اسلامی
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Legislation under the dominance of the Islamic ruler is the manifestation of the guardianship over giving fatwa and jurisprudential theorization is a new look at jurisprudence and law. Jurisprudential systems are a collection of jurisprudential propositions, concepts and general jurisprudential principles and coordinated systems of elucidating rulings which form jurisprudential theories. The present research, which is descriptive-analytical and the data have been collected in a library manner is trying to answer the following questions: How is the Jurisprudential theorizing in Legislation? What is the approach and domain of the Jurisprudential theorizing in Legislation? And in what aspects are the holistic views of the legal guardian in the Jurisprudential theorizing in Legislation strategically important? Jurisprudential theorizing based on the fatwas of the legal guardian and fatwas coordinated with them has resulted in the coherence and efficiency of the laws and a macro-social and expedient view of cases and also, the emerging issues will be introduced under the jurisprudential theories and prevent the division of votes. In this research, the scope of Fiqh-ut-tanziir based on the perspective of the legal guardian in Ma-la-nass-u-fiih and the comparison of the ruling with the text and its impact on legislation has been explained. Findings of this research: Jurisprudential theorizing under the dominance of the Islamic ruler is a holistic and strategic approach to the process of Legislation. Jurisprudential theorizing is the appropriate modelling in Legislation derived from religion observing the expediencies of the time and place.
کلیدواژه‌ها [English]
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