Department of Jurisprudence and Principles of Islamic Law, Edalat University, Tehran, Iran
10.22081/jrj.2016.20952
Abstract
Paradigm of personalism has prevailed the Contemporary Principles of Jurisprudence. This paradigm is located in a linguistic and social source which roots in Arabic as the language of Islamic sciences. In Principles of Jurisprudence, the imperative structure is analyzed with the ideology of individuality, so that while the mawlā (commander or guardian) commands a person to do something, in fact, the personality and individuality of the commander is associated with the commanded. Given the servant refuses to do what is commanded by his mawlā, he has disrespected and disgraced his mawlā. In the individuality paradigm, the criterion for punishment infliction on disobeying the mawlā›s command and disrespecting him is the servant›s rebellion against his mawlā and disgracing him, which is performed based on the practical wisdom interpretation. aq al-tā‘a theory as a distinctive sample of paradigm of personalism is criticized from this perspective. This paradigm is in line with social class idea and impedes the legal thought growth in Principles of Jurisprudence. Likewise, based on the intellectual approach and evaluation of the probability value, some criticisms on aq al-tā‘a theory are leveled and a proposed notion in the credibility of probability is referred to.
Elahi Khorasani, A. (2016). Paradigm of Personalism in Principles of Jurisprudence and Identification of aq al-Tā‘a (Right of Obedience) Theory. Islamic Law, Jurisprudence and Methodology, 1(1), 9-34. doi: 10.22081/jrj.2016.20952
MLA
Ali Elahi Khorasani. "Paradigm of Personalism in Principles of Jurisprudence and Identification of aq al-Tā‘a (Right of Obedience) Theory", Islamic Law, Jurisprudence and Methodology, 1, 1, 2016, 9-34. doi: 10.22081/jrj.2016.20952
HARVARD
Elahi Khorasani, A. (2016). 'Paradigm of Personalism in Principles of Jurisprudence and Identification of aq al-Tā‘a (Right of Obedience) Theory', Islamic Law, Jurisprudence and Methodology, 1(1), pp. 9-34. doi: 10.22081/jrj.2016.20952
VANCOUVER
Elahi Khorasani, A. Paradigm of Personalism in Principles of Jurisprudence and Identification of aq al-Tā‘a (Right of Obedience) Theory. Islamic Law, Jurisprudence and Methodology, 2016; 1(1): 9-34. doi: 10.22081/jrj.2016.20952
)