Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 347-358 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Shariati H, Ahmari H, Entekhabian O. The Method or Methods of Adaptation and Evaluation of Modern Rationalistic Methods with Accepted Diagrams of Islam. MLJ 2022; 16 :347-358
URL: http://ijmedicallaw.ir/article-1-1638-en.html
URL: http://ijmedicallaw.ir/article-1-1638-en.html
1- Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract:
Background and Aim: Two jurisprudential documentaries, Araf and Banai al-Aqla, play an important role in Imami jurisprudence and principles. The jurisprudence system and the principles of Shia jurisprudence consider only matters eligible for the discovery of a Sharia ruling whose content and authenticity have been proven and in this system; a procedure that can successfully pass the two stages of content and legal approval is accepted by Shia jurisprudence. Based on this, this system can be considered an authentic system.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: In this article, after a new definition of the foundation of rationality, to the new problem and challenge that we are facing in the era of globalization, that is, how can modern rationalist methods be adapted in the current era with the foundation of rationality approved by Shariah? It is answered.
Conclusion: The results of the content analysis show that according to the certain and agreed principle of the usulists, the rationalistic procedures or the building of rationality must have all the components of authenticity and not face legal objections in order to be relied on in jurisprudence. According to the Usulists' point of view, the non-rejection of the Shariah does not need a proof, but as long as the general prohibition of the Shariah does not include the case of rationalists and modern rationalistic practices, the non-rejection of the Shariah is proven and therefore, any practice can be accepted in the present era. The future was examined and adapted.
Please cite this article as:
Shariati H, Ahmari H, Entekhabian O. The Method or Methods of Adaptation and Evaluation of Modern Rationalistic Methods with Accepted Diagrams of Islam. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e24.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: In this article, after a new definition of the foundation of rationality, to the new problem and challenge that we are facing in the era of globalization, that is, how can modern rationalist methods be adapted in the current era with the foundation of rationality approved by Shariah? It is answered.
Conclusion: The results of the content analysis show that according to the certain and agreed principle of the usulists, the rationalistic procedures or the building of rationality must have all the components of authenticity and not face legal objections in order to be relied on in jurisprudence. According to the Usulists' point of view, the non-rejection of the Shariah does not need a proof, but as long as the general prohibition of the Shariah does not include the case of rationalists and modern rationalistic practices, the non-rejection of the Shariah is proven and therefore, any practice can be accepted in the present era. The future was examined and adapted.
Please cite this article as:
Shariati H, Ahmari H, Entekhabian O. The Method or Methods of Adaptation and Evaluation of Modern Rationalistic Methods with Accepted Diagrams of Islam. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e24.
Type of Study: Original Article |
Received: 2023/04/14 | Accepted: 2023/08/5
Received: 2023/04/14 | Accepted: 2023/08/5
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
