An Introduction to Processes and Concessive Origins of Jurisprudential System Building; with Empha-sis on Viewpoints of Ayatollah Seyed Mohammad Baqir Sadr

Hosseini Neishabouri, Seyed Ali; Talebi Tadi, Behnam

An Introduction to Processes and Concessive Origins of Jurisprudential System Building; with Empha-sis on Viewpoints of Ayatollah Seyed Mohammad Baqir Sadr

Document Type : Original Article

Authors

Seyed Ali Hosseini Neishabouri ¹

Behnam Talebi Tadi ²

¹ Assistant Professor, Department of Jurisprudence and Principles of Islamic Law, Imam Sadiq University

² PhD Student, Department of Jurisprudence and Principles of Islamic Law, Adalat University

Abstract

The main questions of the present paper are: Is there any essential capacity in Islamic jurisprudence for system building? What would be the nature of such a system if jurisprudence is capable of building it? A comprehensive understanding of different aspects and dimensions of the phenomena and true, abstract and real subjects is one of the significant requirements of system building. Although in the course of its history, jurisprudence has not fully utilized this understanding, through delving into its concessive origins and the crucial fundamentals existing in its epistemological geometry, one can enumerate some processes and cases which are applicable in the process of system building, moving this discipline from the isolated domain of individual and socially limited concepts and statements to give social domain a proper place in this discipline. Ayatollah Seyed Mohammad Baqir Sadr is among scholars who was aware of this capacity of jurisprudence and hence offered some mechanisms as an evolutionary version in the process of classic individual inference (ijtihad), some of whose aspects are discussed in this paper.

Keywords

Jurisprudence

System Building

Sadr

Government

Society