نوع مقاله : پژوهشی (داوری عادی)
نویسنده
مدرس سطوح عالی حوزۀ علمیه خراسان و پژوهشگر مدرسه عالی فقاهت عالم آل محمد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This research aims to analyze the network of theological foundations of jurisprudence and explain their role in the formation, scope, and institutionalization of social jurisprudence, with a focus on the principle of the perpetuity of Sharia. The central research question is how immutable Sharia can remain effective in the face of complex social transformations, and which theoretical system and how it guarantees this continuity. To this end, using a descriptive-analytical method and library resources, the study examines a set of theological foundations within a network framework and explains the relationship of each with the issue of Sharia's adaptability. The findings indicate that the perpetuity of Sharia is the most fundamental and problem-posing principle, as its realization necessitates a mechanism for adaptability in juristic methodology and a transition from individual jurisprudence to social jurisprudence. Subsequently, the ultimate necessity-establishing foundations, namely Divine Wisdom and Grace, affirm the necessity of a social approach in jurisprudence from a teleological perspective. Then, the examination of scope-setting foundations, including the comprehensiveness and universality of Sharia, shows that the domain of social jurisprudence encompasses all fields and all human societies. Finally, the institution-building foundations, namely the finality of prophethood and the viceregal authority, explain the executive mechanism linking immutable rulings with variable conditions and demonstrate that social jurisprudence can only achieve external realization through interaction with the institution of the Guardianship of the Jurist. Based on the findings, social jurisprudence, as the outcome of the interaction of this network of foundations, can provide a theoretical framework for religious governance and social system-building in the present era
کلیدواژهها [English]
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