Document Type : Original Article
Authors
1
Assistant Professor of Islamic Revolution, Department of Islamic Studies, Lorestan University, Lorestan, Iran.
2
Ph.D. student of Islamic Studies, Department of Islamic Studies, University of Islamic Studies, Qom, Iran.
3
Ph.D. student of Science and Quran and Hadith, Razavi University of Islamic Sciences, Mashhad, Iran.
4
Ph.D. student of Criminal Law and Jurisprudence, Department of Jurisprudence and Fundamentals, Razavi University of Islamic Sciences, Mashhad, Iran
Abstract
Purpose: The purpose of writing this article is to achieve and understand the capacities of jurisprudence for the realization of modern Islamic civilization, as well as to identify the weaknesses of jurisprudence and try to reduce them.
Methodology: The method used in this article is the analytical descriptive method in such a way that the opinions of elders in this field are analyzed and tried to use documentary sources to reach the topics.
Findings: This research has followed some findings. Among the capacities that exist in jurisprudence that can help the realization of modern Islamic civilization are: the capacity of reason, the existence of general rule-making texts and texts that indicate the objectives in jurisprudence, the systematicity of Sharia and the existence of practical principles. Also, among these, there are
challenges facing jurisprudence, some of which include: epistemological challenges (evidences and sources), methodological and thematic challenges, and finally the formalization of jurisprudence.
Conclusion: Conclusion: After the studies conducted in the field of capacities and challenges of contemporary jurisprudence for the realization of modern Islamic civilization, the results were obtained that for jurisprudence, capacities such as the existence of reason as one of the sources of Arbaa in jurisprudence can pave the way for the realization of modern Islamic civilization. that there is no evidence of any kind in the book and the tradition, and the intellect is loose here, provided that there is no contradiction in the book and the tradition, the other capacity is the existence of general texts in jurisprudence that are rule-makers in such a way that if there is a specific reason in a particular context If it does not exist, general texts are used. The other capacity of jurisprudence is that there are texts in jurisprudence that show the purposes of the Shari'ah. If there is no specific reason somewhere, but adding a verb is consistent with the purposes of the Shari'ah, in this case It can be ruled that it is in accordance with the Sharia, another capacity is the systematicity of the Sharia, that the Sharia has compiled the jurisprudence of this religion based on a certain order, and whatever is in line with this matter, it can be acted upon, even if it does not have a specific reason. Finally, there are practical principles in jurisprudence that can increase the work of jurisprudence to realize the new Islamic law.
Also, there are challenges for jurisprudence that the existence of these obstacles can be a challenge for the realization of modern Islamic civilization, such as epistemological challenges (sources and evidence) which is the question of precedence and delay of evidence in such a way that one of the evidences precedes the other. This can be problematic, another methodological challenge is which direction of rulings should be taken into account in jurisprudence, individualism or society-centered, where some rulings have no problems in terms of individual rulings, but have problems in social terms, which certainly The discussion of civilization building should be focused on society, the other is the subject challenges that are faced in the field of new issues of jurisprudence, which, of course, will repel this challenge according to the capacities that were raised, and finally, it is the secularization of jurisprudence.
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