Feasibility of citing the rule of correlation between the rule of reason and the rule of Sharia in order to prove the maximum inclusiveness of Sharia

Articles in Press

Document Type : Original Article

Authors

• Masoud Jahandoost Dalenjan ¹
• Abedin Momeni ²

¹ Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.

² University of TehranDepartment of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.

10.22067/jfiqh.2023.79944.1489

Abstract

Modern social systems have created significant changes in the individual and social life of Muslims. The direct reflection of these changes in human "actions" on the one hand and the mission of the science of jurisprudence in expressing the Sharia’s ruling of "actions" on the other hand, raises the question of what is the relationship between the science of jurisprudence and these new issues. The question is whether jurisprudence has expressed the sharia ruling of all these emerging issues or whether some of these issues may not have any sharia ruling. According to the opinion of the majority of jurists of Islamic schools and Imamiya jurists, there is no incident without Sharia's ruling, so it is possible to rule on the maximum inclusion of Sharia. The present study tries to criticize the most important rational reason and even the most important reason of this theory. Based on this reason, the rule of correlation between the rule of reason and the rule of Sharia can prove the existence of a rule for every event. The findings of this research, which was carried out in a descriptive-analytical way, show that both forms of the rule, i.e. the correlation between the Sharia ruling and inherent goodness and ugliness, as well as the correlation between the Sharia ruling and real interests and corruptions, cannot indicate the maximum inclusiveness of the Sharia.

Keywords

• God's will
• maximum inclusion
• rule of correlation
• extent of Sharia
• negation of emptiness

Main Subjects

• Philosophy of jurisprudence

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